KAISER APPLIANCES Website Terms and Conditions (“Terms”)
Last Update: 21 January 2022
Welcome to Kaiser Appliances Terms of Service!
Please read these terms carefully to understand the process and language we use to organise emergency callouts.
BY USING KAISER APPLIANCES WEBSITE (https://www.kaiser.co.uk) (“KAISER APPLIANCES”), YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE KAISER APPLIANCES.
If your country of residence or establishment is outside the United Kingdom, some of these Terms for UK Users may not apply to you. Please note, that currently we do not offer our Products and Services outside the United Kingdom. This may change in the future (please check our Website directly for any updates).
2. DEFINITIONS AND INTERPRETATION
3. ABOUT KAISER APPLIANCES
4. USE OF KAISER APPLIANCES PLATFORM
5. OUR PRODUCTS, SERVICES, BOOKING PROCESS AND CHARGES
7. DELIVERY OF PRODUCTS AND SERVICES (INCLUDING INSTALLATION)
8. YOUR RESPONSIBILITIES
9. YOUR ACCOUNT
11. BREACHES AND SECURITY
12. BOOKING FEES AND RESPONSIBILITIES
13. FEES, PAYMENT AND TAXES
14. CANCELLATIONS AND REFUNDS
FAULTY OR DAMAGED PRODUCTS
16. CHANGE OF SERVICES
17. PROMOTIONS AND OTHER EVENTS
18. RESOLVING COMPLAINTS AND OTHER CLAIMS
19. KAISER APPLIANCES’S ROLE
20. WEEE REGULATIONS
23. EXCLUSIONS AND LIMITATIONS OF LIABILITY
24. INTELLECTUAL PROPERTY
25. LINKS TO OTHER WEBSITES OR MOBILE APPLICATIONS
28. NO WAIVER
29. PREVIOUS TERMS AND CONDITIONS
32. LAW AND JURISDICTION
33. FORCE MAJEURE
34. CHANGES TO THESE TERMS AND CONDITIONS
35. ENTIRE AGREEMENT
1.1. The following Terms and Conditions govern the use of the Website www.kaiser.co.uk), especially as downloaded, viewed or browsed by a user to a mobile device or other electronic device, hereinafter referred to as “Website”, “KAISER APPLIANCES”, “We”, “Us” or “Our”.
1.3. KAISER APPLIANCES is owned and operated by Kaiser Global Ltd , a company incorporated under the laws of United Kingdom with registered number 13174403 and having its principle office registered at International House, 142 Cromwell Road, London, England, SW7 4EF , hereinafter referred to as the “Owner”, the “Company” or “KAISER APPLIANCES”.
1.4. Your access and use of the information contained herein is subject to the following Terms and Conditions and all the applicable laws. By accessing, downloading, using and browsing this Website and by subscribing to our Services, you accept, without limitation or qualification, these Terms and Conditions.
1.5. These Terms and Conditions constitute a binding contract between You and the Owner. If you do not agree to any part of these Terms and Conditions you must stop using KAISER APPLIANCES and/or notify Us immediately at [email protected]
1.6. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this KAISER APPLIANCES. If you do not agree to these Terms and Conditions, please stop using KAISER APPLIANCES immediately and do not use this Website.
1.7. Any Products and/or Services displayed on KAISER APPLIANCES are not representative of all products and services available in the market.
2. Definitions and Interpretation
In these Terms the following definitions and rules of interpretation apply:
“Booking” means when a specific Product or Service is booked by a Customer through the KAISER APPLIANCES Platform and pays the Fee.
“Booking Fee”or “Fee” means a set amount charged for the Products and Services and to have a Contractor to come to the Client’s property and fulfil a Service.
“Confidential Information” or “CI” means, without limitation, trade secrets, proprietary information, materials or know-how belonging to the Party, including vendor, customer, employee, financial, legal, marketing, technical and manufacturing information and not generally known or disclosed to third parties. CI does not include any material which is in or subsequently enters the public domain (other than through the acts or omissions of the recipient), or which the recipient generated internally (as demonstrated by documentary evidence) without access to the Party’s CI.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this KAISER APPLIANCES;
“Customers”/ “Clients” means, such Users and Members, who choose to contact, search for, book, use such Products Services, connect or otherwise engage with the Contractors through KAISER APPLIANCES.
“Data Protection” means the UK, EU and EEA Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
“Engineer”/ “Contractor” means, such independent professionals within such relevant industries who will provide the relevant Service, including, without limitation such installation of Our Products to the Customer. For the avoidance of doubt, a Contractor is a sole trader(unless otherwise specified by the Company) and is a sub-contractor of the Company.
“in writing”/ “written” when communicated in any written form, including letters, e-mails and any other electronic correspondence.
“Minors” means persons below the age of 18.
“Parties” means any and all parties hereby mentioned and bound by these Terms and Conditions, including but not limited to KAISER APPLIANCES, the Owner, Users, Members and Contractors.
“PCI – DSS” means (Payment Card Industry – Data Security Standard).
“Platform” means the Website and any and all online tools and facilities collectively provided by KAISER APPLIANCES and its Owner to all Users.
“Products” means collectively any and all such products, offered by KAISER APPLIANCES through its Website. These include, without limitation: kitchen appliances (such as white goods designed for domestic usage including but not limited to washing machines, dishwashers, fridges, freezers, tumble dryers, televisions, gas and electric cookers, hobs and overs), after- sale servicing, spare parts for kitchens and kitchen appliances and accessories (“Products”).
“Service” means collectively any online facilities, tools, services or information that KAISER APPLIANCES and its Owner makes available through the Website, including without limitation, locating the Contractor to visit the Client’s property, or otherwise, either now or in the future as well as the provision of services defined in these Terms and Conditions below;
“System” means any online communications infrastructure that KAISER APPLIANCES and its Owner makes available through the Website, Mobile App or otherwise either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Use” means but not limited to use, copy, publicly perform or display, distribute, modificative, translate and/or create derivative works through KAISER APPLIANCES.
“User” / “Users” means any third party that accesses KAISER APPLIANCES and is not employed by the Owner and acting in the course of their employment;
2.1. For the avoidance of doubt, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
2.2. any clause, schedule or other headings in these Terms is included for convenience only and shall have no effect on the interpretation of the Terms;
2.3. a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
2.4. a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
2.5. a reference to a ‘company’ includes any company, corporation or other body corporate, wherever and however incorporated or established;
2.6. a reference to a gender includes each other gender;
2.7. words in the singular include the plural and vice versa;
2.8. any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
2.9. a reference to legislation is a reference to that legislation as in force at the date of the Last revision of these Terms as amended, extended, re-enacted or consolidated from time to time;
2.10. headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
2.11. a reference to legislation includes all subordinate legislation from time to time under that legislation; and
2.12. a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction.
3. About KAISER APPLIANCES
3.1. The KAISER APPLIANCES Platform offers an online venue that enables Users, to search for, order and get installed Our “Kaiser” premium kitchen appliances. We aim to provide the best customer experience out of all the UK kitchen appliance online offerings.
3.2. KAISER APPLIANCES offers, without limitation: kitchen appliances (such as White goods designed for domestic usage including but not limited to washing machines, dishwashers, fridges, freezers, tumble dryers, televisions, gas and electric cookers, hobs and overs), after- sale servicing, spare parts for kitchens and kitchen appliances and accessories (“Products”).
4. Use of KAISER APPLIANCES Platform
4.1. You may need to register an account to access and use specific features of the KAISER APPLIANCES Platform Services, in accordance with these Terms, and You must keep your account information accurate.
4.3. The Users may not, whether through the use of additional software or by any other means: data mine or conduct automated searches on the Platform or the data contained in it, access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission in writing.
4.4. The Users may not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
4.5. The Users may not use techniques to “frame”, “mirror” or otherwise incorporate any part of KAISER APPLIANCES into any other Website or any online tool or facility, without limitation, without Our prior written authorisation.
4.6. As a condition of Your use of KAISER APPLIANCES, You warrant to the Company that You will not use KAISER APPLIANCES for any purpose that is unlawful or prohibited by these Terms and Conditions.
4.7. The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
4.8. The Owner accepts no liability for any disruption or non-availability of KAISER APPLIANCES resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions.
4.9. KAISER APPLIANCES does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
5. Our Products, Services, booking process and charges
5.1. KAISER APPLIANCES is designed to provide a tool to, where users can search, order and book Our Products and Services (as defined above).
5.2. KAISER APPLIANCES aims to provide a fast response service for Users that are in an emergency, however, we cannot always guarantee the exact availability of our Contractors - engineers for installation of Products or for other Services. We will always aim to notify You by email or other agreed method of communicationabout timings and agree to anything specific otherwise in writing.
5.3. Subject to these Terms and Conditions, we shall provide our Services to You, including but not limited to the Website with all the tools and facilities on-line or otherwise, providing you with a support network, facilitating the formation of any arrangements between the Customers and our Contractors, sharing any relevant content or otherwise.
5.4. We shall act in accordance with all reasonable instructions given to Us by You by an agreed method of contact and in writing and We shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the United Kingdom.
5.5. We shall be responsible for ensuring that we comply with all statutes, regulations, bylaws, standards, codes of conduct and any other rules relevant to the provision of the Services and We shall keep you informed of all activities related to the Services by means agreed with You and we shall act in accordance with all reasonable instructions given by You.
5.6. We shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by you, subject to your acceptance of any related reasonable changes to the fees that may be due as a result of such changes.
5.7. The Platform is designed for convenience purposes only, it aims to provide an intelligent database for the Users to make relevant searches, manage their needs and make bookings of our Products. Notwithstanding, We shall make all reasonable efforts to ensure that the Contractors shall have suitable skills and experience for the purpose of installation of our Products and comply with the legitimate and reasonable instructions of the Customers relating to the Services and any specific Products.
6.1. You can make a booking (“Booking”) of our Products and the relevant Services, such as installation on Our Website.
6.2. The Booking is not valid and the Service cannot be organised until the relevant Fees, as required on Our Website,are paid.
6.4. All Fees paid to Kaiser Appliances directly include the Service Booking Fee for installation and delivery (Unless otherwise specified in writing on our Website at the time of the Booking).
6.5. We accept Bookings from England, mainland Scotland and Wales but not Northern Ireland, Isle of Man or the Channel Islands (unless otherwise agreed by Us in writing).Delivery to Scottish islands to be quoted for on an ad hoc basis.
6.6. We will aim to contact You within 24 hours of receipt of your Booking to confirm delivery and installation details.
6.7. The visit duration of our Contractor will be calculated from the time that the Contractor enters your property and will be communicated to you, if agreed.
7. Delivery of Products and Services (including installation)
7.1. If for any reason we cannot deliver and perform the installation Services due to circumstances in Your control, we will have to charge such additional rates, as may be reasonably required. For the avoidance of doubt, the reasons that are in Your control include, but not limited to: If any information that you have provided to Us (including your details and any relevant measurements) is incorrect, if the Products do not fit through the door, if Our Contractors is not allowed into your property for whatever reason (to such property, as specified at the time of the Booking).
7.2. Our Contractors are not carpenters. It is Your responsibility to make sure that the Products, that you have purchased fit the spaces allocated in your kitchen or otherwise in your property.
7.3. We provide 3D dimensions for every built-in Products and normal dimensions for all free-standing Products, please make sure to check the dimensions thoroughly. If you require independent professional help with the measurements – You are welcome to sub-contract an independent party to assist you with this. If You have any questions, we are here for you and more than happy to walk through it with You.
7.4. Please note that our Contractors may not be able to complete the installation, if there are certain gas and/or electrical regulations that are not met in your premises and prevent the Contractors from legally performing the Services.
7.5. If there is a gas-related emergency or other emergency, as a result of installation, we will aim to respond within 24 hours of reported issue.
7.6. Other installation related issues – we will aim to resolve the issues (if contacted) within 24 hours of reported issue (if the 24 hour slot falls within Working Days, and if not then on the nearest Working Day). If problem cannot be rectified over the phone, we will aim to schedule a return visit within 5 Working Days. If the fault is down to installation error, then such visit of our Contract will be Free of Charge and will not require any additional Fees. If the problem was caused by the Customer or by improper use of our Products, then the visits will be charged at Our standard installation rate.
7.7. Your Contractor will be sent your full name, address of job and a description of your home Booking and in case of any emergency, as specified in these terms. This will be sent via text message or email.
7.8. If the Contractor arrives at your property before the arranged time of the visit, and you are not able to provide access, the contractor is prohibited from charging any time spent waiting.
7.9. If you are unable to attend the premises at the appointment time then you must let the Contractor and Kaiser Appliances know as soon as possible. Please contact us immediately.
7.10. If the Contractor attends the property where the Services are to be provided at the agreed appointment time and you fail to allow entry, the Contractor would have met their contractual obligations and you will be charged for re-delivery.
7.11. All contractors will have all basic qualifications, subject to these Terms. If your job requires work to be completed outside the jurisdiction of these basic qualifications, Kaiser Appliances must be made aware of this at the point of booking, however, we do not guarantee the provision of such additional Services.
7.12. All Contractors will be required to carry a ‘standard stock’ which is deemed reasonable for a 24 hour emergency call out. If any special materials or parts required are not listed on the Kaiser Appliances Website, this must be mentioned before the Booking is complete.
7.13. Any further work that Kaiser Appliances may not be aware of is outside the contract agreement between Kaiser Appliances and the Customer.
7.14. The role of the Contractor is to complete the Service and / or urgent repairs; when this is not possible due to circumstantial limitations such as access or a part outside of the standard stock being required, the Contractor will endeavour to make safe within the reasonable scope of an emergency call out. If for whatever technical reason, including without limitation, the lack of any relevant parts or equipment, it is not possible for the Contractor to perform the job additional arrangements, including any additional charges and timings shall be agreed upon by the Parties in writing and confirmed by Kaiser Appliances.
7.15. The time of Your specific delivery of the Products and Services will be specified at the time of your Booking confirmation.
7.16. Generally, our delivery times are as follows, unless specified otherwise on our Website:
• If the Products are in stock in the UK – Standard Delivery + Installation is 3-10 Working Days;
• If the Products are in stock in Germany – Standard Delivery + Installation is 10-25 working days;
• If the Products are specified as “Out of stock” – we are unable to provide an estimate but do feel free to contact us for further information.
7.17. Delivery times to different parts of the UK:
• England (mainland) – 3-10 working days
• Scotland, Wales and other parts – 6-14 working days (unless otherwise specified).
7.19. For any other questions, please call us on 020 3488 3229 . For order enquiries, go to our contact us page.
7.20. If for any reason (either by Us or by You) and subject to clause 7.1 of these Terms above we fails to supply our Products and Services in time, we shall contact You to re-arrange the delivery.
8. Your Responsibilities
8.1. Each User acknowledges and agrees that the relationship between Users of KAISER APPLIANCES Platform is that of an independent contractor. Nothing in these Terms and Conditions creates a partnership, joint venture, agency or employment relationship between Users.
8.2. You shall use all reasonable endeavours to provide all pertinent information to us that is necessary for our provision of the Services. Such information shall include, but not necessarily be limited to the job that you require, the outcomes to be expected, the information that you seek.
8.3. You shall acknowledge that We may, with or without reasons, at Our absolute discretion, reject any offers that we cannot perform for whatever reason or reject any User or Users from using Our Services.
8.4. When you create an account and/or have a Membership with Us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account or booking on the Platform.
8.6. We do not tolerate any unsolicited offers and/or any harassment between the Users of KAISER APPLIANCES. If We become aware of any such correspondences and/or offers we shall terminate your account with Us with immediate effect.
8.7. We reserve the right to refuse service, terminate accounts, remove or edit content, cancel Memberships, change our pricing policy and charges in our sole discretion and in accordance with these Terms and Conditions.
8.9. You may, from time to time, issue reasonable instructions to Us, in relation to the provision of the Services. Any such instructions should be compatible with the specification of the Services provided in these Terms and Conditions.
8.10. In the event that we require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.
8.11. Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions shall NOT be the responsibility or fault of Ours.
8.12. You will fully cooperate and assist us in complying with our duties under these Terms and Conditions and, as provided in the applicable law.
8.13. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Services or services advertised on KAISER APPLIANCES. For example, this means that you must act with integrity, treat others with respect and comply with applicable laws at all times.
9. Your Account
9.2. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Us if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.
9.3. You will not license, sell, or transfer your Account without our prior written approval.
9.4. All Users of specific Services only need to register once. Registration is subject to agreement by Us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.
9.5. Users must ensure that any registration details they provide are accurate. To register an account with Us, You must provide us with accurate, complete and up-to-date contact information, including your name, address, telephone number and email address and any other such information as may be required for the provision of Services. Users are responsible for the information they provide to Us. Users are responsible for ensuring that the details they provide us with are correct and complete, and for informing Us of any changes to the information they have provided. Users can access and update the information they have provided us with, including their account settings, in the relevant area of the Platform.
9.6. We may disable access at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Platform, if they have failed to comply with any of the provisions of these Terms or if any details they provide for the purposes of registering prove to be false.
10.1. Although we make an effort to ensure Contractors whose details we provide are legitimate, reputable and have appropriate qualifications, membership to and/or approval of trade related bodies organisations and associations and that the information we had is accurate, the information is compiled from details supplied to us from the Contractors and we cannot be held responsible for any errors or inaccuracies in such information.
10.2. Subject to any relevant legislation, if we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Products.
10.3. We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
10.4. Nothing in this agreement excludes or limits our liability for: death or personal injury caused by our negligence;fraud or fraudulent misrepresentation;any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;defective products under the Consumer Protection Act 1987; any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.5. Where you buy any Product from a third party seller through Our Website, the seller's individual liability will be set out in the seller's terms and conditions.
11. Breaches and security
11.1. When using or accessing KAISER APPLIANCES, You must comply with these Terms and all applicable laws, rules, and regulations.
11.2. You CANNOT Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
11.3. You CANNOT access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
11.4. Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
11.5. Use the Services in any manner that we reasonably believe to be an abuse of or fraud on the KAISER APPLIANCES, its Owner, any User or any payment system or Our Payment Provider.
11.6. We encourage you to report content or conduct that you believe violates these Terms or any of our policies. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email [email protected]
11.8. We reserve to terminate your account for any breach of our Terms or for any security breaches or other breaches at any time.
12. Booking Fees and Responsibilities
12.1. You can search for the relevant Products and Services by using KAISER APPLIANCES search and the specific criteria like the type of Products, Service, dates, etc or by giving us a call as per instructions on the Website.
12.2. When you book a Service, you are agreeing to pay all charges for your Booking, applicable fees like KAISER APPLIANCES’s service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”).
12.3. You are also agreeing that KAISER APPLIANCES’s Payments may charge and collect any such Fees as identified. When you receive the Booking confirmation, a contract with the relevant Contractor for the relevant Service is formed. The cancellation policy and any other rules, standards, policies, or requirements identified in the Service or during checkout form part of your contract with Us.
12.4. Since the nature of the Services requires that the Contractor has access to Your premises or any other location, access to which is lawfully controlled by You, You shall (i) ensure that the Contractor has access to the same at the times to be agreed between the us or the Contractor as required; (ii) ensure Your public liability insurance policy covers the consequences arising out of the work performed by us or the Contractor; and (iii) take all reasonable precautions to ensure the health and safety of the Contractor, while on Your or any other premises.
13. Fees, Payment and Taxes
13.1. KAISER APPLIANCES shall provide You with all information required to wire funds to the Company in accordance with these Terms and Conditions for the Products and Services.
13.2. To book a Service, You will be asked to supply your banking details, including without limitation, your credit/debit card number for Direct Debit charges, expiration date, CCV and billing address.
13.3. Subsequent Direct Debit charges for any specific Service fees will be collected thereafter, based on your specific agreement with us and the details, which shall always be up-to-date on the Website. Any direct debit agreement or instalment plan for any specific service will be discussed in detail and be subject to its own terms.
13.6. You hereby represent and warrant that You have the legal right to use any payment method(s) in connection with any purchase and that the information you supply to Us is true, correct, and complete to the best of Your knowledge.
13.7. You hereby authorise KAISER APPLIANCES to debit Your chosen payment method with the relevant fee. If the payment fails or is insufficient, You authorise us to re-try one or more times to debit the selected payment method.
13.9. Any fees for the specific additional Services may be determined by the Contractors. KAISER APPLIANCES may charge fees (and applicable taxes). More information about when service fees apply and how they are calculated will be communicated to You.
13.10. If the Customer does not make any payment due to us on time, we may suspend or terminate access to the Platform.
13.11. Any fee changes will not affect bookings made prior to the effective date of the fee change.
13.12. Any fees displayed on the Platform and any of its pages at the time of downloading or viewing shall prevail, unless otherwise agreed in writing. We reserve the right to monitor and update our fees on a case-by-case basis at any time. We shall inform You in writing of any and all such changes.
13.13. For the avoidance of doubt, from time to time we may need to increase the prices for specific Services.
13.14. You shall pay all the applicable taxes and funds that arise, relating to any payments and transactions as per this clause, including but not limited to banking fees, from your own funds.
14. Cancellations and Refunds
14.1. All terms & conditions relating to returns can be found on our specific Returns Page at any time.
15.1. After the delivery of our Products and Services, You may have an opportunity to review Us on other platforms, such as without limitation, Trustpilot or Google. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our rights. Reviews may be verified by KAISER APPLIANCES for accuracy and may NOT be incorrect or misleading.
15.2. Review content standards: these standards apply to any and all content of any kind Users submit to or through the Platform, including all content contained within Requests, all reviews Customers may post about a Contractor including Feedback or any other comments that Customers post on the Platform (Customer Content). Users must comply with the spirit of the following standards as well as the letter. The standards apply to each Party.
15.3. Content must:
15.3.1. be relevant to the purpose of the Platform;
15.3.2. where it states facts, be accurate to the best of a Customer's knowledge, information and belief; and
15.3.3. comply with applicable law in the United Kingdom and in any country from which it is submitted.
15.4. Content must not:
15.4.1. be unlawful in any way;
15.4.2. contain any material which infringes any intellectual property right or other right of any other person;
15.4.3. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations
15.4.4. contain fraudulent information;
15.4.5. contain any hyperlink to any page of an internet site that resides behind a 'paywall' or other login screen or any 'deep link' where 'deeplinking' (except to the KAISER APPLIANCES's pages) is prohibited by the Owner;
15.4.6. contain any material which is defamatory of any person or entity;
15.4.7. be likely to mislead or deceive any person;
15.4.8. be used to impersonate any person, or to misrepresent a Customer's identity or affiliation with any person;
15.4.9. contain any material which is obscene, offensive, hateful or inflammatory;
15.4.10. be menacing, threatening, abuse or invade another's privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
15.4.11. contain or promote sexually explicit material;
15.4.12. promote violence or aggression;
15.4.13. promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
15.4.14. encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
15.4.15. be used to transmit, or procure the sending of, any unsolicited or unauthorised advising or promotional material or any other form of similar solicitation (spam).
15.5. KAISER APPLIANCES reserves the right to remove any reviews and feedback that violates these Terms at its sole discretion.
16. Change of services
16.1. All descriptions and other details provided in relation to the Services are subject to confirmation by us and may be changed without notice.
16.2. All services are subject to upgrades, and the Service you receive may change in function at a later date. It is your responsibility to check with Us if all the applicable Services are available.
16.3. We will rely upon your instructions being correct when requesting a Service and reserve the right to refuse to withdraw such Services which are no longer required.
16.4. For the avoidance of doubt, this section refers to the Services provided by KAISER APPLIANCES, not for any services provided by Contractors.
17. Promotions and other Events
18. Resolving complaints and other claims
18.1. The services delivered by Kaiser Appliances and your Contractor are provided in good faith with the objective of helping you get the assistance you need with your Service or an emergency. In the event you are unhappy with either the Services of Kaiser Appliances or the Contractor we have a fair and transparent complaints procedure you can follow to have your case reviewed.
18.2. Please be aware that Kaiser Appliances is not responsible for any complaints made between you and the Contractor in question, however, we are happy to mediate in such circumstances. We are determined to reach positive outcomes for all parties.
18.3. Complaints must be made in writing to Us and need to confirm the date and time of your Booking and the description of your complaint.
18.4. Once a complaint is received, it will be reviewed by our customer support team, who will be required to respond within 7-14 days. Kaiser Appliances will strive to assist you in resolving any dispute and will provide you with advice and support throughout.
18.6. Once a complaint is recorded we will hold your complaint for a minimum of 5 years.
18.7. KAISER APPLIANCES may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information KAISER APPLIANCES requests, execute documents, and take further reasonable action, in connection with Claims, Client complaints, claims under insurance policies, or other claims related to your provision or use of Services. You may appeal a decision by KAISER APPLIANCES by contacting our customer service. Any decisions made by KAISER APPLIANCES in relation to a Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
19. KAISER APPLIANCES’s role
19.1. KAISER APPLIANCES offers a platform that enables Users search for, and book our Products and Services. When Users make or accept a booking, they are entering into a contract directly with KAISER APPLIANCES.
19.2. You hereby acknowledge that KAISER APPLIANCES has no general obligation to monitor the use of the KAISER APPLIANCES Platform and verify information provided by our Users, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a User and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws.
19.3. You may appeal such a decision by contacting our customer service. Users agree to cooperate with and assist KAISER APPLIANCES in good faith, and to provide KAISER APPLIANCES with such information and take such actions as may be reasonably requested by KAISER APPLIANCES with respect to any investigation undertaken by KAISER APPLIANCES regarding the use or abuse of the Platform.
20. WEEE Regulations
20.1. Please note that our Products, as subject to Waste Electrical and Electronic Equipment recycling (WEEE).
20.2. WEEE regulations are implementedin the UK by the WEEE Regulations 2006. With that came the associated requirements for the recovery, reuse, recycling and treatment of WEEE. The Waste Electric and Electronic Equipment (WEEE) Regulations 2013 ("the Regulations") became law in the UK on the 1st of January 2014 and replaced the 2006 Regulations. The new Regulations transpose the main provisions of Directive 2012/19/EU on WEEE which recasts the previous Directive 2002/96/EC. These regulations also provide for a wider range of products to be covered by the Directive with effect from 1st January 2019.
20.3. Further information on the WEEE Regulations 2013 can be found in the Government Guidance Notes (PDF) produced by the Department for Innovation and Skills.
21.1. To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold KAISER APPLIANCES (including other affiliates and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Platform, (iii) your interaction with any User, participation in a Service or other service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
22.1. KAISER APPLIANCES make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding KAISER APPLIANCES, the information contained on the Platform, your Personal information or material and information transmitted over the system.
22.2. You are responsible for obtaining access to the Services provided by KAISER APPLIANCES and agree that access to these services may involve third-party fees (including by not limited to Internet service provider or airtime charges). You agree to be responsible for those fees and will not hold KAISER APPLIANCES liable for any disputes which may arise with third parties whether or not referred to by KAISER APPLIANCES.
22.3. KAISER APPLIANCES Platform and its contents are provided on an “as is” and “as available” basis. This means that the KAISER APPLIANCES does not make any promises in respect of the quality, completeness or accuracy of the information published on or linked to from the Platform.
22.4. To the fullest extent allowed by applicable law, the Platform disclaims all warranties, representations, conditions and duties of any kind, including without limitation, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose.
23. Exclusions and Limitations of Liability
23.1. This section limits the responsibility and liability to You for your use of KAISER APPLIANCES and its content or in respect of any third-party products or services that we refer to or link to on the Platform.
23.2. KAISER APPLIANCES and/or its Owner accept no financial responsibility to You arising from Your use of the Platform or any of its content.
23.3. In no circumstances do we accept responsibility for your use of third-party Sites or in respect of any third-party products. By Third Party Sites we mean Apps, online or mobile services provided by third parties, including Apps of advertisers and sponsors that may appear on KAISER APPLIANCES. By Third Party Products we mean products or services provided by third parties.
23.4. It is not commercially possible for KAISER APPLIANCES to accept any responsibility for Your personal use of any information provided at the Website or the way any user decides to use this information.
23.5. Content (including any information we publish regarding Third Party Products) is only for information purposes and is not intended to address Your particular requirements.
23.6. Any information that you receive from the Platform, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you.
23.7. The information on the Platform is provided on an “as is” basis. To the fullest extent permitted by law, KAISER APPLIANCES excludes all representations and warranties relating to this App and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this KAISER APPLIANCES’s literature; and excludes all liability for damages arising out of or in connection with your use of this Platform. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
23.8. To the maximum extent permitted by law, the Owner accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.
23.9. Nothing in these Terms and Conditions excludes or restricts the Owner’s liability for death or personal injury resulting from any negligence or fraud on the part of the Owner.
23.10. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977 (UK). However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
23.11. Nothing in this Agreement shall limit or exclude our liability to the Contractor for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that under English law may not be limited or excluded.
23.12. Subject to clause above in no event shall we be liable to a Contractor (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses Contractors suffer is strictly limited to losses that were reasonably foreseeable.
24. Intellectual Property
24.1. All Content included on the Platform, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of KAISER APPLIANCES, our affiliates or other relevant third parties. By continuing to use KAISER APPLIANCES you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
24.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from KAISER APPLIANCES unless otherwise indicated on the Platform or unless given express written permission to do so by the Owner.
24.3. Material from the Platform may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
24.4. All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs, claims and liabilities which we may suffer or incur as a result of you using, reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.
24.5. The copyright in and to the Terms and Conditions belongs to KAISER APPLIANCES. Any copying of the Terms and Conditions without the Owner’s prior written permission constitutes an infringement of our legal rights.
25. Links to Other Websites or mobile applications
25.1. This Platform may contain links to other sites. Unless expressly stated, these sites are not under the control of KAISER APPLIANCES or that of Our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on KAISER APPLIANCES does not imply any endorsement of the sites themselves or of those in control of them.
25.2. We do not monitor or review the content of other party’s Website which are linked to from KAISER APPLIANCES. Opinions expressed or material appearing on such Apps are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. KAISER APPLIANCES and its Owner will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
26.1. All provisions of any relevant Terms and Conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant Terms and Conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
28. No Waiver
28.1. In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
29. Previous Terms and Conditions
29.1. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
30.1. Children under the age of 18 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the UK/EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.
32. Law and Jurisdiction
32.1. These Terms and Conditions are subject to English law and the courts of England and Wales and will have an exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.
32.2. For the exclusive benefit of this Platform and to the extent possible in the applicable jurisdiction, KAISER APPLIANCES will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms and Conditions or (if different) the country of your principal place of business.
32.3. Any relevant Terms and Conditions, policies and notices shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of England and Wales in respect of any disputes arising in connection with KAISER APPLIANCES, or any relevant Terms and Conditions, policies and notices or any matter related to or in connection therewith.
32.4. The Parties shall seek to resolve any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, including without limitation, any dispute regarding the enforceability of any provision, through good faith negotiations between them within 1 calendar month of any notice of dispute being served or such longer period of time as may be mutually agreed between the Parties.
32.5. If the Parties are unable to resolve the dispute in accordance with clause above, and one or both Parties desire to pursue the dispute, any such dispute, controversy or claim arising out of these terms and conditions or this Agreement including the validity, invalidity, breach or termination thereof, shall be settled first by the arbitration in the United Kingdom.
33. Force Majeure
33.1. We shall not be held liable for any failure to perform that is due to any cause or circumstance beyond Our reasonable control, including without limitation a demand for such Services which exceed Our ability to supply them, as well as force Majeure situations, including but not limited to earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control. No such inability to deliver or delay in delivery shall invalidate the remainder of these Terms and Conditions.
34. Changes to these Terms and Conditions
34.1. KAISER APPLIANCES reserves the right to update these Terms and Conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. The Platform shall have the right at any time, to change, modify, add, or delete the terms and conditions applicable to your use the Platform or any part thereof.
34.3. The Platform may at any time modify any relevant Terms and Conditions, Policies or notices. You acknowledge that by visiting the KAISER APPLIANCES Platform from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit KAISER APPLIANCES Platform.
35. Entire Agreement
35.1. These Platform’s Terms and Conditions constitute the record of the agreement between the Parties regarding this Platform and supersedes any prior agreements in relation to your use of the this Platform or any other platform provided by KAISER APPLIANCES.
35.2. Neither You nor the Platform and its Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these rules supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Platform and its Owner in respect of your use of KAISER APPLIANCES.
35.3. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
35.4. Failure by either Party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.