About these terms

Please read these Terms of Use carefully along with our Privacy Policy. These terms tell you who we are, how we will provide the Kenwood World App (the "App") to you, how we may change the App, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms of Use, please contact us to discuss.

By downloading and installing or otherwise using the App you agree to be bound by the following terms and conditions, including any updates or supplements to the App as mentioned in paragraph 5 below (the "Terms of Use"), unless such updates or supplements come with separate terms, in which case those terms will apply. We reserve the right to update these Terms of Use in accordance with paragraph 5 below.

If you do not agree with these Terms of Use or our Privacy Policy you should not use the App.

Information about us and how to contact us

We are Kenwood Ltd ("Kenwood" or "we" or "us" or "our") a company registered in the United Kingdom. Our company office is at 1-3 Kenwood Business Park, New Lane, Havant, PO9 2NH.

The App, supplied by Kenwood Ltd. (“Kenwood”), is used to create a Kenwood Connected User Profile and operate Kenwood Connected Appliances. Kenwood is a De’Longhi Group company,

You can contact us at https://www.kenwoodworld.com/uk/customer-services-support/contact-us or at 1-3 Kenwood Business Park, New Lane, Havant, PO9 2NH

If we have to contact you we will do so by writing to you at the email address provided by you during the registration process (please see paragraph 4).

When we use the words “writing” or “written” in these Terms of Use, this includes emails.

The App will be available and can be accessed in the United Kingdom and will only be supported by us in English.

Your use of the App

Provided that you comply with these Terms of Use, we grant you a non-exclusive, royalty-free and non-transferrable licence to use the App on your device. We may revoke this licence at any time.

The App allows you amongst other things to:

1. register with the App Services;
2. operate Kenwood Connected Appliances, for example the kCook Multi Smart;
3. follow recipes in a step-by-step manner;
4. undertake provisioning and pairing; and
5. connect to and share recipes on social media websites, together, the "Services".

You must only use the App in order to perform the Services. You must not:

1. use the App in any illegal manner, for any illegal purpose or in any manner inconsistent with these Terms of Use;
2. be below the age of 16;
3. upload content that isn't yours;
4. collect or harvest any information or data from the App or our systems or attempt to read any messages or information not meant for you; act fraudulently or maliciously (which includes not hacking into or inserting malicious code, viruses or harmful data into the App or any operating system);
5. collect or harvest any information or data from the App or our systems or attempt to read any messages or information not meant for you;
6. undertake any activity which infringes (or has the risk of infringing) our intellectual property rights or any third party’s intellectual property rights related to the App (including by attempting to build an app that is the same or similar to the App); or
7. carry out any activity which damages or may damage our reputation, or harms, threatens or harasses us or any other person or organisation.

User registration for remote operation

In order to remotely operate a Kenwood Connected Appliance and/or download recipes you must:

1. register with Kenwood using the App and create a Kenwood Connected User Profile. Kenwood will require a valid email address for this purpose. The email address and other information you provide will be stored securely on Amazon web servers in accordance with their latest published Privacy Notice https://aws.amazon.com/privacy/. When registering with us, you are responsible that the information given for your Kenwood Connected User Profile (together with any other information which you may from time to time provide to us, whether as part of the registration process or otherwise) is complete, true, accurate and not misleading. You are also responsible for notifying us of any changes to such information in order to ensure that your Kenwood Connected User Profile is up-to-date. We will protect your account using an email address and password system. You must ensure that you have appropriate security measures in place to ensure that:
   1. any email address and password that you choose or we allocate to you is used only by you; and
   2. the security and confidentiality of your email address and password is maintained at all times and not disclosed to other individuals or third parties;
2. keep your device (iPhone, iPad, Android phone or tablet) connected to the internet, as the smart device connects to the connected appliance via the cloud, not directly;
3. provision your Kenwood Connected Appliance to your home WiFi network and ensure it is connected. "Provisioning" means the connection of the Kenwood Connected Appliance to your home WiFi network. To provision your Kenwood Connected Appliance follow the "Setup your Appliance" instructions in the downloaded App; and
4. pair your Kenwood Connected Appliance to your Kenwood Connected User Profile. "Pairing" means the linking of a Kenwood Connected User Profile with a Kenwood Connected Appliance.

Changes to the App, these Terms of Use and/or the Services

We may change the App in order to reflect changes in relevant laws and regulatory requirements, and/or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the App. We will try to give you reasonable notice of any major changes. We may change the Services available through the App from time to time.

We may also ask you to update the App for the reasons set out above. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

We may amend these Terms of Use from time to time. Every time you wish to use our App, please check these Terms of Use to ensure you understand the version that applies at that time.

Charges

We will not charge you to download, install or use the App.

You acknowledge and agree that you may be charged by your mobile phone network operator or telecommunications provider for internet access on your device and you accept responsibility for any charges levied by your mobile phone network operator or telecommunications provider relating to your use of the App on your device.

Intellectual property rights

We respect the intellectual property rights of others. The intellectual property rights in the App are owned by us or duly licensed by third parties. All such rights are reserved.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

User generated content

1. If you have a Kenwood Connected User Profile, you are eligible to create and submit recipes to Kenwood for use within the Kenwood World App. Recipes can be submitted using the online form or upload to a selected site. We do not guarantee to feature all recipe submitted on the app.
2. Kenwood will review and check that submitted recipes comply with the maximum capacities, operating limits and operating parameters of any Kenwood Connected Appliance utilised. Kenwood reserve the right to make necessary adjustments to recipes to ensure that they comply
3. In order for us to make the recipes and other user generated content ("User Content") you create available for sharing with other users of the App, we need you to grant us the right to make use of such User Content in accordance with these Terms of Use. By contributing User Content to the App or creating them on the App you automatically grant us ownership of the Intellectual Property to the recipe and the right to use, process, transmit, sub-licence or share such User Content in any manner and to licence or permit others to do so. With submission you grant Kenwood the right to use your user name and outline location that you have chosen to submit on the form or upload, however your email address will not be featured.
4. All recipes featured will be tagged under the Kenwood Community profile, but all user name credit will be displayed in the title or description.
5. All recipes featured will be tagged under the Kenwood Community profile, but all user name credit will be displayed in the title or description.
6. User Content uploaded by you must not: be defamatory, obscene, offensive, hateful or inflammatory, promote sexually explicit material, promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;.

Whenever you make use of a feature that allows you to upload content for use in our App, you must comply with the content standards set out above and you warrant that any such contribution does comply with those standards. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Providing the App

You acknowledge and agree that the operation of the App is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.

If your download of the App is delayed by an event outside our control then we will take steps to minimise the effect of the delay: we will not be liable for delays caused by the event.

We may need certain information from you so that you can download the App, for example, registration information. If so, this will have been stated in the description of the App on our website, the Apple appstore or the Android Play Store. We will not be responsible for a delay in making the App available for download if this is caused by you not giving us the information we need.

Availability of the App

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

If you do not access or use your account within two (2) years, we will send you a warning via email that your account will be deleted within ninety (90) days unless you access it and all of the data stored on your account will also be deleted.

If there is a problem with the App

If you have any questions or complaints about the App, please contact us. You can contact our customer service team at https://www.kenwoodworld.com/uk/customer-services-support/contact-us1 or 1-3 Kenwood Business Park, New Lane, Havant, PO9 2NH.

Unless these Terms of Use expressly say otherwise, the App is made available to you on an "as is" and "as available" basis, and to the fullest extent permissible by law all express or implied warranties, representations, conditions or terms are excluded, including, without limitation that access to the App will be uninterrupted or error-free and that the App or the computer server from which the App are made available, are free of viruses or other harmful components. To the extent not prohibited by law, in no event we will be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the App, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

In no event shall application provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty euro (€ 50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose to the extent not prohibited by law, in no event we will be liable for any indirect or consequential damages whatsoever including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out procurement of substitute goods or services; loss of use, data, or profits; business interruption; or personal injury or death however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the App, even if advised of the possibility of such damage.

Our aggregate liability with respect to its obligations under these terms, with respect to the App or otherwise shall not exceed the amount equal to 50% of the price you paid for the connected product.

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation within the limitation above. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. We only supply the App for domestic and private use. If you use the App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

Our Privacy Policy describes how we will use your information and will apply to any data collected by the App. We will only give your personal information to other parties where the law either requires or allows us to do so.

Apple App Store terms/Android Play Store terms

The terms of usage for the relevant platforms can be found at:
https://www.apple.com/uk/legal/
and, https://play.google.com/about/play-terms/

Other important terms

Nobody else has any rights under these Terms of Use. This Terms of Use are between you and us. No other person shall have any rights to enforce any of them.

No transfer of rights. You will not be entitled to assign, transfer, charge, hold on trust or deal in any other manner with any of your rights or, where appropriate, obligations under these Terms of Use.

If a court finds part of these Terms of Use illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, or unenforceable, the unlawful or unenforceable term shall be deemed to be severed from these Terms of Use and the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not immediately claim any specific action from you under these Terms of Use, or if we delay in taking steps against you in respect of your failure to comply with them, this will not prevent us taking steps against you at a later date in relation thereto.

Links. From time to time, the App may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites. We do not review such third party websites and you acknowledge and agree that:

1. we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
2. we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
3. if you access any such websites, you do so entirely at its own risk.

Which laws apply to these Terms of Use and where you may bring legal proceedings?

These terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts.