Terms & Conditions

Publish date: 31 May 2017

OVERVIEW

This App is operated by Kue. Kue offers this App, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our App. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information such as credit card details is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the App through which the service is provided, without express written permission by us.

This agreement is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of this Agreement.

We may transfer our obligations and rights under this agreement to a third party (this may happen, for example, if we sell our business).  If this occurs, you will be informed by us in writing.  Your rights under this agreement will not be affected and our obligations under this agreement will be transferred to the third party who will remain bound by them. You may not transfer your obligations and rights under this Agreement.

Any reference to the masculine gender shall include the feminine gender and vice versa; any words importing the singular shall include the plural and vice versa; references to persons shall also include groups or organisations.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Any Applicable VAT or taxes for the Products will be communicated to you on checkout and/or in an invoice available to you upon purchase.

 

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the App. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Your offer to purchase only becomes legally binding between you and Kue Trading Limited, a subsidiary company of Kue Holdings Limited, when the Order is dispatched for delivery from us or from our suppliers. A dispatched email is sent to you confirming dispatched Orders.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – USE OF YOUR ACCOUNT

Your Account is for your personal use only. You may use your Account for the duration of this Agreement.

Prohibitive Uses

  • You may not use your Account for any illegal purpose;
  • Give to or allow others to use your Account or your Passcodes;
  • Use your Account to purchase anything for the purpose of resale;
  • Use your Account to obtain cash from a merchant;
  • Use your Account if you are bankrupt or insolvent or if you do not honestly expect to be able to make payments for your Orders in full; or
  • Continue to use your Account if you have reason to believe that someone else has unauthorised access to your Account and you have not reported to us to reset your Passcodes.

It is your responsibility to ensure that your Account is not used for any of the above prohibitive uses or in any other unlawful or dishonest manner.

  • To prevent misuse of your Account, you must ensure that you:
  • never give out your Passcodes
  • keep your mobile phone secure at all times by using the locking functions,
  • do not let anyone else use the App while you are logged in
  • keep your Passcodes secure at all times by memorising the Passcodes, not writing down the Passcodes for others to find and not telling others your Passcode
  • do not choose a Passcode which can be easily guessed, associated with your name, Your Address or telephone number
  • take care not to allow others to see your Passcodes when you are entering them into the App
  • contact us immediately if you reasonably believe there has been unauthorised access to your Account,
  • when you sell or transfer ownership of your mobile phone where our Mobile Application is installed, you must first delete the App from your mobile phone before you sell or transfer ownership

 

Account Maintenance

For operational reasons, we may update, suspend the use of the App at any time without notice or liability to you.

 

SECTION 7 – OUR RIGHT TO LIMIT THE USE OF YOUR ACCOUNT

We may cancel or suspend your right to use your Account at any time, either temporarily or permanently, where we reasonably believe that:

  • the security of your Account has been compromised;
  • there has been suspected or actual unauthorised or fraudulent use of the Account; or
  • you will not repay us

We will notify you that we are cancelling or suspending your right to use your Account and the reason for taking this action.

This Agreement will continue if we cancel or suspend your right to use your Account and we will not be liable for any loss or damage you may suffer as result of the cancellation or suspension.

 

SECTION 8 – ELIGIBILITY TO PAY USING A PAYMENT PLAN

We perform a Credit Assessment to assess your eligibility for a Payment Plan. For this reason, upon creating an account through the App, we will check, amongst other criteria, that the following criteria are met:

  • That you are aged 18 years old or older;
  • That you have a valid bank account in your name from which direct debits can be taken or a credit or debit card registered to your name and home address;
  • That you provided us with a valid proof of your identification and your residential address. This may either be through a true copy of a driving licence, a valid passport, residency permit or electricity bill which is dated within the last 3 months.

The above are key criteria points but there may be others which are not disclosed for security or operational purposes.

You understand, acknowledge and agree that, based on any reason we may have, it is our sole discretion to accept or refuse your eligibility for a Payment Plan. Our reasons for refusal will be based on various factors we take into account, including but not limited to your Credit Assessment, stock availability, operational issues, security concerns we might have, fraud concerns we might have and your compliance with these Terms and Conditions and Privacy Policy.

Should you not be eligible for a Payment Plan, we will give you the option to perform an Outright Purchase.

Whether there is a Payment Plan or not, we reserve the right to not fulfil any of your requested Orders.

 

SECTION 9 – PAYMENTS

When using a Payment Plan:

You understand, acknowledge and agree that when using a Payment Plan, you are obligated to pay the instalment on or before each due date until the full purchase price is settled. The first instalment will be payable on the first day of accepting the Order. Thereafter, each instalment is payable in regular intervals as shown in the App. Payments will be collected on each due date as shown in the App. The last payment will occur on the last instalment where the Order is settled in full and shown on the App as settled. The Payment Plan shall bear no interest or fees payable to Kue and will be 12 months or less. Regardless of whether there is a Payment Plan or not, all the risks and rewards of ownership will transfer to you when the product is delivered to you.

When your Order and Payment Plan becomes effective and payable, you hereby warrant the following:

  • You will provide the payment of the total amount of the Products in the Order in full and in accordance to the Payment Plan.
  • You can afford and you will be able to provide payment for each monthly instalment in accordance with the Payment Plan.
  • All payments for each instalment shall be made in a timely manner without the occurrence of any delays.

All payments shall be made by yourself to Kue only, unless you get a permission in writing from Kue to do otherwise. Kue shall not accept payments from a bank account or credit card not nominated to your name or not having the address you provided us.

Where any payment falls on a day that is not a business day, the payment will take place on the next business day.

You will not be entitled to set-off or withhold any payments due under this agreement.

At any time, you have the right to repay the Outstanding Amount in full or in part. At any time, we have the right to request full payment for the Outstanding Amount which is will become immediately payable on request.

Any payments received where Orders are refused by us or cannot be dispatched will be refunded.

 

SECTION 10 – FALLING BEHIND WITH YOUR PAYMENTS

You will be considered falling behind with your payments if:

  • You fail to pay when each instalment when due or in full when requested by us; or
  • You breach any of the warranties you provide under this agreement.

Any amount in arrears is payable immediately.

Falling behind with your payments could have severe consequences, including the possibility of legal proceedings being brought against you and may result in Credit Reference Agencies being notified, which could have an adverse effect on your credit score.

 

SECTION 11 – CLOSING YOUR ACCOUNT

You may end this Agreement at any time by contacting us at [email protected]

If you choose to end this agreement and close your Account, you must

  • Settle the full amount of Outstanding Amounts on all your Orders no later than 30 days after the day you notify us of your intention to cancel this Agreement; and
  • Stop using your Account to request Orders immediately

We can end this Agreement and require you to pay immediately all Outstanding Amounts that you owe us

  • If we discover that your Account was created based on misleading, inaccurate or incomplete information that you provided to us;
  • if you have repeatedly or seriously breached this agreement;
  • if you die, or are unable to pay us instalments as they fall due, enter into a composition or other arrangement for the benefit of your creditors, or are the subject of bankruptcy or other insolvency procedure; or
  • by reason of your illness, incapacity or becoming incapable of managing your own affairs

Before making any demand we will follow any requirement by law.

We may close your Account by providing at least two months’ written notice without any explanation, cancel or suspend your use of your Account if your Account becomes a dormant. If we take such action, you are still obligated to pay the total Outstanding Amounts owing on your Account.

 

SECTION 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 13 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 14 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related App. You may not use a false e-mail address, use a false mobile number, use a false Delivery Address, use a false Billing Address, use a false identification document, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 16 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related App is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related App, should be taken to indicate that all information in the Service or on any related App has been modified or updated.

 

SECTION 18 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related App, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related App, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related App for violating any of the prohibited uses.

 

SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kue, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 20 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kue and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 21 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 22 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 23 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 24 – GOVERNING LAW

This Agreement shall be construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.

 

SECTION 25 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our App. It is your responsibility to check our App periodically for changes. Your continued use of or access to our App or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 26 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

 

DEFINITIONS

“App” means access to and use of our website, domain or any sub-domains of getkue.com, kue.app, mobile app, desktop app, corresponding software plug-ins or browser extensions which are owned by Kue Holdings Limited.

“Credit Assessment” means the assessment we undertake to establish your identity, to understand your financial standing and credit history in order to assess your eligibility to pay for your Order using a Payment Plan.

“Delivery Address” means the address you wish the Products you have purchased through an Order to be delivered.

“Intellectual Property Rights (‘IP’)” means any work of authorship fixed in any tangible medium that is the subject matter of a copyright or potential Application for registration therefore (including, but not limited to, object code and source code); unpatented inventions, including but not limited to, physical parts or components, processes, techniques, programs or methods; non-trademarked or non-service-marked distinctive symbols, pictures or words; trademarks; hardware or software owned by Kue or licensed to Kue; trade secrets, or  any other copyrightable, patentable and/or able to be trademarked as intellectual property rights, whatsoever, associated with any ideas, symbols, marks, phrases, writings, drawings, inventions, machines, designs, concepts, techniques, methods, know-how, processes or works of authorship developed or created by Kue.

“Kue, we, our or us” means Kue Holdings Limited, a company registered in England and Wales with company number 11228746, whose registered address is 71-75 Shelton Street Covent Garden London WC2H and includes its subsidiary Kue Trading Limited, a company registered in England and Wales with company number 11233580, whose registered address is 71-75 Shelton Street Covent Garden London WC2H.

“Order” means requested orders you submit to us for the purchase of products or services from us.

“Payment Plan” means the plan we create for you as a means of paying us in instalments, usually on a monthly basis (but not necessarily), in consideration for your Order. The Payment Plan begins on the date you made the Order with us and finishes when the last instalment is paid and the full purchase price is settled. The duration of the Payment Plan will be 12 months or less.

“Outstanding Amount” means the amount still owing by you and is calculated for each Order as: full purchase amount including any taxes less the sum of instalments received by us.

“Outright Purchase” means paying for the full price of the product upfront where there is no Payment Plan.

“Residential Address” means your current home address, which will also be your Billing Address.

“You, yourself, customer or user” refers to you as a user of our App or services.

“Account” means any account you opened with us using your registration details and chosen Passcodes.

“Passcodes” means your unique email address, chosen PINs, chosen online passwords, username, answers to security questions or any other code or security details that you provided upon registration and that allows you to access and operate your Account.