Terms And Conditions

Last revised: 7 December 2015

The access to and continued use of the KITCHNBOX website at the domain name www.KITCHNBOX.co.za and (the “Site”) constitutes your acceptance of and compliance with the following provisions contained herein. You must familiarize yourself with these provisions and if you do not agree with it, you should immediately discontinue the use of this Site. The last revision date for these terms and conditions is set forth above.

KITCHNBOX reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the Site and it is your obligation to periodically check these terms and conditions at the Site for changes and updates. Your continued use of the Site following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including such changes and updates.

  1. Reserved Rights and Grant of Limited Licence

    KITCHNBOX owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site ( the "Information"). You are granted a limited license to access and to use short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified. KITCHNBOX will not be responsible for any consequential damages resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form.

    KITCHNBOX reserves the right to terminate the permission or license granted by it in terms hereof and/or to restrict the use of and access to the Site.
  2. Lifestyle Challenge Cancellations and Refunds Policy

    The provision of services by KITCHNBOX is subject to availability. In cases of unavailability, KITCHNBOX will refund the client in full within 30 days.

    Cancellation of orders by the client will attract a 20% administration fee. Should the client wish to cancel their participation in the Lifestyle Challenge, notice must be given within the 1 week of registration to receive a refund less the administration fee of 20%. Any cancellation done after 1 week from the date of registration will not qualify for a refund.

  3. Payment Options Accepted

    Payment may be made via Visa and MasterCard credit cards or by bank transfer into the WEBCOGNOSCERE bank account, the details of which will be provided on request.

  4. Credit card acquiring and security

    Credit card transactions will be acquired for KITCHNBOX via PayGate (Pty) Ltd who are the approved payment gateway. PayGate is a licensed System Operator with the Payments Association of South Africa (PASA). PayGate is fully PCI compliant and uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

  5. Customer details separate from card details

    Customer details will be stored by KITCHNBOX separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

  6. Merchant Outlet country and transaction currency

    The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

  7. Responsibility

    KITCHNBOX takes responsibility for all aspects relating to the transaction including sale of goods and services sold directly on this website, customer service and support, dispute resolution and delivery of goods.

  8. Solicitation

    You cannot include links, contact information, or recommendations for a business with which you are affiliated, even if your business or property seems to be an ideal fit for a user's needs.

    You cannot make direct or indirect requests for donations or contributions to a charitable organization, including posting links or contact information. We welcome you to discuss the charities you support, provided the discussions are fitness or nutrition related and relevant to the section in which they are posted. If you represent or are affiliated with a charity, though, please add your charity's name and website link to your profile. You may also add your affiliation to the charity if applicable.

    No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.

  9. Endorsement

    The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than KITCHNBOX, and KITCHNBOX does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, KITCHNBOX is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.

    A link to another site should not be construed to mean that KITCHNBOX is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

    The mention of another party or its product or service on the Site should not be construed as an endorsement by KITCHNBOX of that party or its product or service.

  10. Advice or Warranties

    The Information on the Site including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to diagnose, treat, or cure any health problems. In addition, this information is not meant to replace your doctor’s recommendations or the advice of other qualified healthcare professionals. Always check with your doctor before beginning a new fitness or nutrition program. You should not act or rely on any information at the Site without seeking the advice of a professional.

    KITCHNBOX is not responsible for any content or information that you may find undesirable or objectionable.

    KITCHNBOX is intended for wellness and fitness purposes only and is not intended for use in the diagnosis of disease or other illness, or in the cure, mitigation, treatment, or prevention of disease. Any information and/or services provided by our preloaded applications are not intended for the use in the detection, diagnosis, monitoring management or treatment of any medical condition, disease or vital physiological processes or for the transmission of time sensitive health information. Any health related information found herein and in any materials or information accessed through the site is available only for your convenience and should not be seen as medical advice. Users should seek medical advice from a physician before embarking on any new lifestyle or regimen and users should not self-diagnose any ailment.

    KITCHNBOX is intended to help you manage your overall fitness and wellness through applications that capture and track your fitness and nutrition. We encourage users to exercise effectively and to follow nutritional guidelines and offer tools to assist users. All information provided by any and all preloaded applications as well as our fitness coach, and nutritionist is for general recreational purposes only, and we do not accept responsibility for its accuracy.

    KITCHNBOX and its owner deny any liability, loss, or injury in relationship with any opinion, tip, or exercise shared on this site. Nor, do we claim to be a physician, healthcare professional, registered dietitian, or expert in the healthcare field.
  11. Liability

    KITCHNBOX will not be responsible for any direct, indirect, special, incidental or consequential damage or injuries or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the information available on the Site, including recommendations, coaching, tips and/or guidelines, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.
  12. Content

    1. Source of Content. You acknowledge that all Content, including but not limited to chat comments,forum comments,social comments, submissions, and featured content, is the sole responsibility of the party from whom such Content originated. Therefore you, and not us, are entirely responsible for such Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through our Website (“Your Content”), and other Users of the Company Property are similarly responsible for all Content they Make Available.
    2. No Obligation to Pre-Screen Content.You acknowledge we have no obligation to pre-screen Content (i.e., Your Content and User Content), although we may do so or refuse or remove any Content (including any reviews or ratings provided by Customers). By entering into these Terms, you hereby provide irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content.
    3. Restriction of Content

      This section deals with the feature that allows a gym owner/coach to turn off the KITCHBOX Fitness or Nutritional support, within the KITCHNBOX Lifestyle Challenge, for THEIR MEMBERS ONLY

      You acknowledge that, in the case of the KITCHNBOX Lifestyle Challenge, and where either/both the KITCHNBOX Fitness or/and Nutrition Support has been turned off by you the business owner for your gym, your members will have still have access to the General Forum and Global Chat.

      As such, we cannot be held responsible for providing fitness or nutritional advice through these mechanisms should your members ask for direct support within these areas.

      You acknowledge that it is your responsibility to prompt your members to use the Team Chat or the Fitness/Nutritional Forums that belong to your gym within KitchnBox, to ask for any support related directly to fitness and nutrition. (This, ofcourse, only applies to those gyms that don't want the KITCHNBOX Fitness and/or Nutritional Coaches to provide support to their members.)

      You acknowledge that both the General Forum and Global Chat are accessible to all who participate in the KITCHNBOX Lifestyle Challenge and, as such, will have content, posts, comments, opinions and the advice of any of these participants on the challenge, including the KITCHNBOX Fitness and Nutritional Coaches.

    4. Anti-Competitive Behavour

      You cannot make critical comments about your competitors.

    5. Storage. Unless expressly agreed to us in writing elsewhere, we have no obligation to store any of Your Content that you Make Available on the Company Property. We have no responsibility or liability for the deletion of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Company Property. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that we retain the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by us in our sole discretion.
  13. Ownership and Content

    1. Company Property. Except with respect to Your Content and User Content, you agree that we and our suppliers own all rights, title and interest in the Company Property (including but not limited to, titles, computer code, themes, objects, concepts, artwork, animations, videos, sounds, musical compositions, audiovisual effects, photos, graphics, methods of operation, and moral rights). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Company Property.
    2. Trademarks. Our stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Company Property are our trademarks and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Company Property are the property of their respective owners.
    3. Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Company Property.
    4. Your Content.We do not claim ownership of Your Content. However, when you as a User post, submit, or publish or otherwise transmit Your Content on or in the Company Property, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You also represent that your submissions of content and photos are yours and not that of others.
    5. License to Your Content. Subject to any applicable account settings that you select, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, record, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Company Property to you and to our other Users in accordance with the Terms. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Company Property. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not us, are responsible for all of Your Content that you Make Available on or in the Company Property.
    6. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on or in the Company Property, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
    7. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to our benefit.
    8. Your Profile. Any Content posted by you on or in the Company Property (including, but not limited to, on your profile) may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person’s permission.
    9. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Company Property.
    10. User Conduct. As a condition of use, you agree not to use the Company Property for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) make available any Content on or through the Company Property that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of our company; (vi) interferes with or attempts to interfere with the proper functioning of the Company Property or uses the Company Property in any way not expressly permitted by the Terms; (vii) introduce software or automated agents to the Services so as to produce multiple Accounts or generate automated messages; or (viii) to attempt or engage in, any potentially harmful acts that are directed against the Company Property, including but not limited to violating or attempting to violate any security features of the Company Property, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Company Property, introducing viruses, worms, or similar harmful code into the Company Property, or interfering or attempting to interfere with use of the Company Property by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Company Property.
    11. Investigations. We may, but are not obligated to, monitor or review the Company Property and Content at any time. Without limiting the foregoing, we shall have the right, in its sole discretion , to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although we do not generally monitor user activity occurring in connection with the Company Property, if we become aware of any possible violations by you of any provision of the Terms, we reserve the right to investigate such violations, and we may, at its sole discretion, immediately terminate your license to use the Company Property, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  14. Interactions with Other Users.

    1. User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact through the Services; provided, however, that we reserve the right, but has no obligation, to intercede in such disputes. You agree that we will not be responsible for any liabilities incurred by you as the result of such interaction and we will not work to resolve any disputes between users. IN EXCHANGE FOR THE PRIVILEGE OF ACCESSING THE SERVICES, YOU FURTHUR AGREE TO RELEASE US FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ANOTHER PERSON, VENDOR, GYM OR USER OF THIS SITE.
    2. Content Provided by Other Users. The Company Property may contain User Content provided by other Users and Gyms. We are not responsible for and do not control User Content. We have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users, Gym Owners, Coaches, Nutritionists and Vendors at your own risk.
  15. Trademarks

    Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of KITCHNBOX or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by KITCHNBOX or other entities for use thereof.
  16. Confidentiality

    1. Either Party may need to provide, collect, use, store or process Personal Information of the other Party. Each Party hereby authorises such collection, use, storage and processing where the need arises.
    2. Each Party shall only provide, collect, use, store or process Personal Information:
      1. in compliance with the South Africa Protection of Personal Information Act ( POPI);
      2. as is necessary for the purposes of this agreement; and
      3. in accordance with the lawful and reasonable instructions of the Party providing the Personal Information.
    3. Both Parties shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage.
    4. The Supplier shall follow its archiving procedures for Customer Data as set out in its Back-Up Policy available at the website address as may be notified to the Customer from time to time, as such document may be amended by the Supplier in its sole discretion from time to time. In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Customer data from the latest back-up of such Customer data maintained by the Supplier in accordance with the archiving procedure described in its Back-Up Policy. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub- contracted by the Supplier to perform services related to Customer Data maintenance and back- up).
    5. The Supplier shall, in providing the Services, comply with its Privacy and Security Policy relating to the privacy and security of the Customer Data available at such website address as may be notified to the Customer from time to time, as such document may be amended from time to time by the Supplier in its sole discretion.
    6. If the Supplier processes any personal data on the Customer’s behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
      1. The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer's behalf;
      2. the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
      3. the Supplier shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time; and
      4. each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.

      Computer Viruses

      Every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should however take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
  17. Conformance with Law

    Your use of the Site shall not violate any local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
  18. Applicable Law

    The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
  19. Disclaimer of Warranties and Limitation of Liability

    KITCHNBOX makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials or products included on this Site. You agree that the use of this Site is at your sole risk. You should not assume that the Site will be error-free or that the Site will operate without interruption. KITCHNBOX does not warrant that this Site, its servers, or e-mails sent from it are free of viruses or other harmful code. KITCHNBOX will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive and / or consequential damages.
  20. System Security

    KITCHNBOX is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data save as for provided in the POPI Act.

Company information

This website is run by Webcognoscere (PTY) LTD based in South Africa trading as KITCHNBOX and with registration number 2011/103017/07 and Directors Miguel Ribeiro, Eliana Ribeiro.

Contact Information

Support: team@kitchnbox.com