Terms & Conditions
Please read these terms carefully before using this site and Jelly services
1. THESE TERMS
1.1 These are the terms and conditions on which we supply Services to you. By subscribing to any of the Services, you agree to be bound by these terms
1.2 Please read these terms carefully before you subscribe to the Services. If you believe that there is a mistake in these terms, please contact us at email@example.com
1.3 We provide Services to businesses only. By agreeing to use the Services, you warrant that:
(a) you are legally capable of entering into a legally binding contract for the Customer (defined below);
(b) you are at least 18 years old; and
(c) you are entering into this Contract on the basis of a business
1.4 The definitions in this clause shall apply in these terms:
(a) Users: those of your employees, agents and independent contractors who are authorised by you to use the Services
(b) Business Day: a day other than a Saturday, Sunday or public holiday in England
(c) Contract: the contract between you and us for the supply of the Services in accordance with these terms
(d) Customer or you or your: you, being the person or company that has subscribed to the Services
(e) Customer Data: the data inputted by you, the Users, or us on your behalf for the purpose of using the Services or facilitating your use of the Services
(f) Documentation: the documents made available by us to you online via the Website or any other documentation, which sets out information of the Services
(g) Normal Business Hours: 9.00am to 6.00pm GMT
(h) Services: the services provided by us to you under these terms via the Website and Mobile Application, as more particularly described in the Documentation
(i) Site: the property of the Customer to which the Services relate
(j) Software: the online software applications provided by us as part of the Services.
(k) We or us or our: Jelly is operated by IINU Ltd (10862512), registered in England and Wales, registered office at Flat 49 Globe View House, 27 Pocock Street, London, United Kingdom, SE1 0FU.
(l) Website: https://www.getjelly.co.uk/ or such other web address notified by us to you from time to time.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Jelly, operated by IINU Ltd, a company incorporated and registered in England and Wales, whose registered office is at Flat 49 Globe View House, 27 Pocock Street, London, United Kingdom, SE1 0FU. Our company registration number is 10862512. Our VAT number is GB285983832.
2.2 You can contact us at firstname.lastname@example.org or telephoning 020 3488 1898 (UK)
3. OUR CONTRACT WITH YOU
3.1 You may close your account at any time by requesting to do so with your Jelly representative. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, making repeated unreasonable complaints, mistreating our staff, or any other good reason)
3.2 Our acceptance of you using the Services will take place when you log into Jelly for the first time, at which point a Contract will come into existence between you and us.
4.1 Subject to the terms, we hereby grant to you a non-exclusive, non-transferable right, without the right to grant sub-licences, to permit the Users to use the Services and the Documentation during the Contract whilst you are subscribing to the Services solely for your business operations and in respect of the Site only
4.2 In relation to the Users and the Site:
(a) the User is responsible for the maintenance of the Site account;
(b) the nominated User for each Site will be responsible for the permissions and access rights of the Users and to ensure appropriate access or restrictions on Confidential Information;
(c) if any of the audits referred to above reveal that you are in breach of these terms; then without prejudice to any other right or remedy available to us we reserve the right to suspend the Services
4.3 Restrictions on your use of the Services/Software/Documentation. You shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these terms:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;
4.4 Unauthorised access. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify us.
5.1 We shall, during your subscription to the Services use reasonable commercial endeavours to provide the Services and make available the Documentation to you on and subject to these terms.
5.2 We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week
5.3 We will, as part of the Services and at no additional cost to you, provide you with our standard customer support services during Normal Business Hours
5.4 Allergens. Some of the Services detail and identify allergens associated with a recipe. Our Software’s ability to track and tag allergens relies entirely on Customer Data (which may include, but without limitation, details of the ingredients and recipes that you, the Users and you suppliers provide). We accept no liability as to the validity and details of the Customer Data (including ingredients and recipes) and for identifying the existence of any allergens within their own ingredients and recipes and for the response and reaction to any allergens which are identified.
6. CUSTOMER DATA
6.1 You shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
6.2 Reporting and analysis based on Customer Data. The Services allow you to input and store the details of your recipes and ingredients; and to access reports, data displays and information relating to your kitchen management and profitability. All of the functions depend entirely on Customer Data (which includes, but without limitation, the information you, the Users, and your suppliers contribute and input). We accept no liability for the information reports, data displays, recipes and ingredients compiled and displayed as part of the Services to the extent it is related to the Customer Data. Without limiting any other provision of these terms, you are liable for the content of the Customer Data and for your use and interpretation of the results and reports produced by the Services as a result thereof.
6.3 Our liability for loss of Customer Data. In the event of any loss or damage to Customer Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by us. We shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party.
6.4 We shall, in providing the Services, comply with our Privacy and Security Policy relating to the privacy and security of the Customer Data available on the Website, as such document may be amended from time to time by us in our sole discretion.
6.5 We are a data processor. If we process any personal data on your behalf when performing our obligations under these terms, the parties record their intention that you shall be the data controller and we shall be a data processor and in any such case
7. RECIPE CALCULATIONS, MENU MANAGEMENT AND REPORTING
7.1 As part of our Services, you will have the option of uploading recipes and/or images to the recipe storage tool on our Website with no limit
7.2 Loss of recipes and images you upload. You should keep copies of all recipes and/or images that you upload to the Software. We will have no liability to you for the loss of, or restricted access to, any recipes and/or images or if our Website is unavailable at any time or for any period. Nor do we accept liability for any recipes deleted or amended by you, the Users.
7.3 We do not accept responsibility for the accuracy of any ingredients/prices entered into the system by you, any Users, us or your suppliers
7.4 Recipes and allergens. Please read clause 5.4 in relation to allergens and recipes.
8. THIRD PARTY PROVIDERS
8.1 Third party providers, including all suppliers (e.g. placing orders to third parties through our system). You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from third parties via third-party websites and that you do so solely at your own risk. We have no liability for any act or omission of any such third party supplier, or any delays caused by failure of your supplier to receive any orders or message sent through the Services.
8.2 We will not share any information provided to you by your third party provider with other third party providers (e.g. we will not share your supplier prices with other suppliers)
9. OUR OBLIGATIONS
9.1 Reasonable care and skill. We undertake that the Services will be performed substantially in accordance with the Documentation and with reasonable skill and care.
10. PROPRIETARY RIGHTS
10.1 We own all IPR in the Services and Documents. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Software, the Services and the Documentation. Except as expressly stated herein, these terms do not grant you any rights to, under or in, any patent, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software, the Services or the Documentation.
11.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under these terms. A party’s Confidential Information shall not be deemed to include information that:
(a) is or becomes publicly known other than through any act or omission of the receiving party;
(b) was in the other party’s lawful possession before the disclosure;
(c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
(d) is independently developed by the receiving party, which independent development can be shown by written evidence.
11.2 Reasonable steps. Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of these terms.
11.3 No party shall make, or permit any person to make, any public announcement concerning these terms without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
12.1 Indemnity by you. You shall defend us, indemnify us and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services and/or Documentation.
13. LIMITATION OF LIABILITY
13.1 No responsibility for the results of the Services, and the Services are provided on an “as is” basis. Except as expressly and specifically provided in these terms:
(a) you assume sole responsibility for results obtained from your use of the Services and the Documentation, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you (or someone on your behalf) in connection with the Services (including but without limitation the Customer Data), or any actions taken by us at your direction or request;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms; and
(c) the Services and the Documentation are provided to you on an “as is” basis.
13.2 Matters we do not exclude liability for. Nothing in these terms excludes our liability:
(a) for death or personal injury caused by our negligence; or
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter in respect of which we cannot exclude liability under any applicable law.
14. CANCELLATION OF, OR AMENDMENTS TO YOUR SUBSCRIPTION TO THE SERVICES
14.1 You can cancel your subscription to the Services at any time by informing your Jelly representative
14.2 Our right to cancel your subscription. We may terminate your subscription to the Services at any time by giving you not less than 14 days notice by email
15. FORCE MAJEURE
15.1 No liability for events beyond our reasonable control. We shall have no liability to you under these terms and shall not be in breach of the Contract if we are prevented from or delayed in performing our obligations under the Contract, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), failure of a utility service or transport or telecommunications network, act of war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, provided that you are notified of such an event and its expected duration within a reasonable time of such an event coming to our attention.
16.1 If there is an inconsistency between any of the provisions in these terms and the Website, the provisions in these terms shall prevail.
16.2 Entire agreement. The Contract constitutes the entire agreement between the parties and supersedes and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.3 No partnership or agency. Nothing in the Contract is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
17. OUR RIGHT TO CHANGE THESE TERMS
17.1 We reserve the right to revise and amend these terms at any time, for example (without limitation) to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 We will notify you of any changes to these terms by email, and the varied terms will apply to the Contract with effect from the date we notify you. Any change to the terms will not affect your right to cancel your subscription to the Services in accordance with these terms.