TERMS AND CONDITIONS

 

Last updated December 16, 2020

 

1. Agreement to Terms

 

1.1 These Terms and Conditions constitute a legally binding agreement made 

between you, whether personally or on behalf of an entity (you), 

P&kTradingInc, doing business as PerfectKitchenCo, located at 19240 Des Moines

Memorial DR S, C-100, SEATAC, WA 98148, United States (we, us), concerning your

access to and use of the P & K Trading Co., Inc (http://perfectkitchenco.com)

website as well as any related applications (the Site).

 

The Site provides the following services:  We have a website that sells Asian

kitchenware, cookware, home goods, dried snacks and provides services for

vending.  (Services). You agree that by accessing the Site and/or Services, you

have read, understood, and agree to be bound by all of these Terms and

Conditions.

 

If you do not agree with all of these Terms and Conditions, then you are

prohibited from using the Site and Services and you must discontinue use

immediately. We recommend that you print a copy of these Terms and Conditions

for future reference.

 

1.2 The supplemental policies set out in Section 1.7 below, as well as any

supplemental terms and condition or documents that may be posted on the Site

from time to time, are expressly incorporated by reference.

 

1.3 We may make changes to these Terms and Conditions at any time. The updated

version of these Terms and Conditions will be indicated by an updated "Revised"

date and the updated version will be effective as soon as it is accessible. You

are responsible for reviewing these Terms and Conditions to stay informed of

updates. Your continued use of the Site represents that you have accepted such

changes.

 

1.4 We may update or change the Site from time to time to reflect changes to our

products, our users' needs and/or our business priorities.

 

1.5 Our site is directed to people residing in the United States. The information

provided on the Site is not intended for distribution to or use by any person or

entity in any jurisdiction or country where such distribution or use would be

contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country.

1.6 The Site is intended for users who are at least 18 years old. If you are

under the age of 18, you are not permitted to register for the Site or use the

Services without parental permission.

 

1.7 Additional policies which also apply to your use of the Site include:

 

  • Our Privacy Notice sets out the terms on which we process

  any personal data we collect from you, or that you provide to us. By using the

  Site, you consent to such processing and you warrant that all data provided by

  you is accurate.

 

  • Our Cookie Policy sets out information about the cookies on

  the Site.

 

 

2. Acceptable Use

 

2.1 You may not access or use the Site for any purpose other than that for which

we make the site and our services available. The Site may not be used in

connection with any commercial endeavors except those that are specifically

endorsed or approved by us.

 

2.2 As a user of this Site, you agree not to:

  • Systematically retrieve data or other content from the Site to a compile

database or directory without written permission from us

  • Make any unauthorized use of the Site, including collecting usernames and/or

email addresses of users to send unsolicited email or creating user accounts

under false pretenses

  • Use a buying agent or purchasing agent to make purchases on the Site

  • Use the Site to advertise or sell goods and services

  • Circumvent, disable, or otherwise interfere with security-related features of

the Site, including features that prevent or restrict the use or copying of

any content or enforce limitations on the use

  • Engage in unauthorized framing of or linking to the Site

  • Trick, defraud, or mislead us and other users, especially in any attempt to

learn sensitive account information such as user passwords

  • Make improper use of our support services, or submit false reports of abuse or

misconduct

  • Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools

  • Sell or otherwise transfer your profile

  • Attempt to impersonate another user or person, or use the username of another

user

  • Interfere with, disrupt, or create an undue burden on the Site or the networks

and services connected to the Site

  • Use any information obtained from the Site in order to harass, abuse, or harm

another person

  • Use the Site or our content as part of any effort to compete with us or to

create a revenue-generating endeavor or commercial enterprise

  • Decipher, decompile, disassemble, or reverse engineer any of the software

comprising or in any way making up a part of the Site

  • Attempt to access any portions of the Site that you are restricted from

accessing

  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other

users

  • Delete the copyright or other proprietary rights notice from any of the

content

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan

horses, or other material that interferes with any party’s uninterrupted use

and enjoyment of the Site, or any material that acts as a passive or active

information collection or transmission mechanism

  • Use, launch, or engage in any automated use of the system, such as using

scripts to send comments or messages, robots, scrapers, offline readers, or

similar data gathering and extraction tools

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

  • Use the Site in a manner inconsistent with any applicable laws or regulations

  • Threaten users with negative feedback or offering services solely to give

positive feedback to users

  • Misrepresent experience, skills, or information about a User

  • Advertise products or services not intended by us

  • Falsely imply a relationship with us or another company with whom you do not

have a relationship

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit

will be true, accurate, current, and complete and relate to you and not a third

party; (b) you will maintain the accuracy of such information and promptly

update such information as necessary; (c) you will keep your password

confidential and will be responsible for all use of your password and account;

(d) you have the legal capacity and you agree to comply with these Terms and

Conditions; and (e) you are not a minor in the jurisdiction in which you reside,

or if a minor, you have received parental permission to use the Site.

 

If you know or suspect that anyone other than you knows your user information

(such as an identification code or user name) and/or password you must promptly

notify us at js.pnk@perfectkitchenco.com.

 

3.2 If you provide any information that is untrue, inaccurate, not current or

incomplete, we may suspend or terminate your account. We may remove or change a

user name you select if we determine that such user name is inappropriate.

 

4. Our content

 

4.1 Unless otherwise indicated, the Site and Services including source code,

databases, functionality, software, website designs, audio, video, text,

photographs, and graphics on the Site (Our Content) are owned or licensed to us,

and are protected by copyright and trade mark laws.

 

4.2 Except as expressly provided in these Terms and Conditions, no part of the

Site, Services or Our Content may be copied, reproduced, aggregated,

republished, uploaded, posted, publicly displayed, encoded, translated,

transmitted, distributed, sold, licensed, or otherwise exploited for any

commercial purpose whatsoever, without our express prior written permission.

 

4.3 Provided that you are eligible to use the Site, you are granted a limited

licence to access and use the Site and Our Content and to download or print a

copy of any portion of the Content to which you have properly gained access

solely for your personal, non-commercial use.

 

4.4 You shall not (a) try to gain unauthorised access to the Site or any

networks, servers or computer systems connected to the Site; and/or (b) make for

any purpose including error correction, any modifications, adaptions, additions

or enhancements to the Site or Our Content, including the modification of the

paper or digital copies you may have downloaded.

 

4.5 We shall (a) prepare the Site and Our Content with reasonable skill and

care; and (b) use industry standard virus detection software to try to block the

uploading of content to the Site that contains viruses.

4.6 The content on the Site is provided for general information only. It is not

intended to amount to advice on which you should rely. You must obtain

professional or specialist advice before taking, or refraining from taking, any

action on the basis of the content on the Site.

 

4.7 Although we make reasonable efforts to update the information on our site,

we make no representations, warranties or guarantees, whether express or

implied, that Our Content on the Site is accurate, complete or up to date.

5. Link to third party content

 

5.1 The Site may contain links to websites or applications operated by third

parties. We do not have any influence or control over any such third party

websites or applications or the third party operator. We are not responsible for

and do not endorse any third party websites or applications or their

availability or content.

 

5.2 We accept no responsibility for adverts contained within the Site. If you

agree to purchase goods and/or services from any third party who advertises in

the Site, you do so at your own risk. The advertiser, and not us, is responsible

for such goods and/or services and if you have any questions or complaints in

relation to them, you should contact the advertiser.

 

6. Site Management

 

6.1 We reserve the right at our sole discretion, to (1) monitor the Site for

breaches of these Terms and Conditions; (2) take appropriate legal action

against anyone in breach of applicable laws or these Terms and Conditions;  (3)

remove from the Site or otherwise disable all files and content that are

excessive in size or are in any way a burden to our systems; and (4) otherwise

manage the Site in a manner designed to protect our rights and property and to

facilitate the proper functioning of the Site and Services.

 

6.2 We do not guarantee that the Site will be secure or free from bugs or

viruses.

 

6.3 You are responsible for configuring your information technology, computer

programs and platform to access the Site and you should use your own virus

protection software.

7. Modifications to and availability of the Site

 

7.1 We reserve the right to change, modify, or remove the contents of the Site

at any time or for any reason at our sole discretion without notice. We also

reserve the right to modify or discontinue all or part of the Services without

notice at any time.

 

7.2 We cannot guarantee the Site and Services will be available at all times. We

may experience hardware, software, or other problems or need to perform

maintenance related to the Site, resulting in interruptions, delays, or errors.

You agree that we have no liability whatsoever for any loss, damage, or

inconvenience caused by your inability to access or use the Site or Services

during any downtime or discontinuance of the Site or Services. We are not

obliged to maintain and support the Site or Services or to supply any

corrections, updates, or releases.

 

7.3 There may be information on the Site that contains typographical errors,

inaccuracies, or omissions that may relate to the Services, including

descriptions, pricing, availability, and various other information. We reserve

the right to correct any errors, inaccuracies, or omissions and to change or

update the information at any time, without prior notice.

 

8. Disclaimer/Limitation of Liability

 

8.1 The Site and Services are provided on an as-is and as-available basis. You

agree that your use of the Site and/or Services will be at your sole risk except

as expressly set out in these Terms and Conditions. All warranties, terms,

conditions and undertakings, express or implied (including by statute, custom or

usage, a course of dealing, or common law) in connection with the Site and

Services and your use thereof including, without limitation, the implied

warranties of satisfactory quality, fitness for a particular purpose and

non-infringement are excluded to the fullest extent permitted by applicable law.

 

We make no warranties or representations about the accuracy or completeness of

the Site’s content and are not liable for any (1) errors or omissions in

content; (2) any unauthorized access to or use of our servers and/or any and all

personal information and/or financial information stored on our server; (3) any

interruption or cessation of transmission to or from the site or services;

and/or (4) any bugs, viruses, trojan horses, or the like which may be

transmitted to or through the site by any third party. We will not be

responsible for any delay or failure to comply with our obligations under these

Terms and Conditions if such delay or failure is caused by an event beyond our

reasonable control.

8.2 Our responsibility for loss or damage suffered by you:

 

Whether you are a consumer or a business user:

 

  • We do not exclude or limit in any way our liability to you where it would be

unlawful to do so. This includes liability for death or personal injury caused

by our negligence or the negligence of our employees, agents or subcontractors

and for fraud or fraudulent misrepresentation.

 

 

  • If we fail to comply with these Terms and Conditions, we will be responsible

for loss or damage you suffer that is a foreseeable result of our breach of

these Terms and Conditions, but we would not be responsible for any loss or

damage that were not foreseeable at the time you started using the

Site/Services.

 

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation

of Liability section, our liability to you for any cause whatsoever and

regardless of the form of the action, will at all times be limited to a total

aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount

paid, if any, by you to us for the Services/Site during the six (6) month period

prior to any cause of action arising.

 

If you are a business user:

 

We will not be liable to you for any loss or damage, whether in contract, tort

(including negligence), breach of statutory duty, or otherwise, even if

foreseeable, arising under or in connection with:

 

  • use of, or inability to use, our Site/Services; or

  • use of or reliance on any content displayed on our Site.

 

In particular, we will not be liable for:

 

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

If you are a consumer user:

 

  • Please note that we only provide our Site for domestic and private use. You

  agree not to use our Site for any commercial or business purposes, and we have

  no liability to you for any loss of profit, loss of business, business

  interruption, or loss of business opportunity.

 

  • If defective digital content that 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.

 

  • You have legal rights in relation to goods that are faulty or not as

  described. Advice about your legal rights is available from your local

  Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms

  and Conditions will affect these legal rights.

 

9. Term and Termination

 

9.1 These Terms and Conditions shall remain in full force and effect while you

use the Site or Services or are otherwise a user of the Site, as applicable. You

may terminate your use or participation at any time, for any reason, by

following the instructions for terminating user accounts in your account

settings, if available, or by contacting us at js.pnk@perfectkitchenco.com.

 

9.2 Without limiting any other provision of these Terms and Conditions, we

reserve the right to, in our sole discretion and without notice or liability,

deny access to and use of the Site and the Services (including blocking certain

IP addresses), to any person for any reason including without limitation for

breach of any representation, warranty or covenant contained in these Terms and

Conditions or of any applicable law or regulation.

 

If we determine, in our sole discretion, that your use of the Site/Services is

in breach of these Terms and Conditions or of any applicable law or regulation,

we may terminate your use or participation in the Site and the Services or

delete your profile and any content or information that you posted at any time,

without warning, in our sole discretion.

9.3 If we terminate or suspend your account for any reason set out in this

Section 9, you are prohibited from registering and creating a new account under

your name, a fake or borrowed name, or the name of any third party, even if you

may be acting on behalf of the third party. In addition to terminating or

suspending your account, we reserve the right to take appropriate legal action,

including without limitation pursuing civil, criminal, and injunctive redress.

 

10. Mobile Application

 

10.1 If you access the Services via a mobile application, then we grant you a

revocable, non-exclusive, non-transferable, limited right to install and use the

mobile application on wireless electronic devices owned or controlled by you,

and to access and use the mobile application on such devices strictly in

accordance with the terms and conditions of this license.

 

10.2 For business users only - You will not:

 

(a) reverse engineer, decompile or otherwise try to discover the source code of

the software/application unless you have first written to us requesting

interoperability information and we have failed to provide you with that

information or if we have failed to offer to provide you with interoperability

information on reasonable conditions;

 

(b) make any modification, adaptation, improvement, enhancement, translation or

derivative work from the application;

 

(c) breach any applicable laws, rules or regulations in connection with your

access or use of the application;

 

(d) remove, alter or obscure any proprietary notice (including any notice of

copyright or trade mark) posted by us or the licensors of the application;

 

(e) use the application for Site for any revenue generating endeavor, commercial

enterprise, or other purpose for which it is not designed or intended;

 

(f) make the application available over a network or other environment

permitting access or use by multiple devices or users at the same time;

 

(g) use the application for creating a product, service or software that is,

directly or indirectly, competitive with or in any way a substitute for the

application;

 

(h) use the application to send automated queries to any website or to send any

unsolicited commercial e-mail; or

 

(i) use any proprietary information or any of our interfaces or our other

intellectual property in the design, development, manufacture, licensing or

distribution of any applications, accessories or devices for use with the

application.

 

10.3 The following terms apply when you use a mobile application obtained from

either the Apple Store or Google Play (each an App Distributor) to access the

Services:

 

(a) The license granted to you for our mobile application is limited to a

non-transferable license to use the application on a device that utilizes the

Apple iOS or Android operating system, as applicable, and in accordance with the

usage rules set forth in the applicable App Distributor terms of service;

 

(b) We are responsible for providing any maintenance and support services with

respect to the mobile application as specified in these Terms and Conditions or

as otherwise required under applicable law. You acknowledge that each App

Distributor has no obligation whatsoever to furnish any maintenance and support

services with respect to the mobile application;

 

(c) In the event of any failure of the mobile application to conform to any

applicable warranty, you may notify an App Distributor, and the App Distributor,

in accordance with its terms and policies, may refund the purchase price, if

any, paid for the mobile application, and to the maximum extent permitted by

applicable law, an App Distributor will have no other warranty obligation

whatsoever with respect to the mobile application;

 

(d) You represent and warrant that (i) you are not located in a country that is

subject to a U.S. government embargo, or that has been designated by the U.S.

government as a "terrorist supporting" country; and (ii) you are not listed on

any U.S. government list of prohibited or restricted parties;

 

(e) You must comply with applicable third party terms of agreement when using

the mobile application, e.g., if you have a VoIP application, then you must not

be in breach of their wireless data service agreement when using the mobile

application; and

 

(f) You acknowledge and agree that the App Distributors are third party

beneficiaries of these Terms and Conditions, and that each App Distributor will

have the right (and will be deemed to have accepted the right) to enforce these

Terms and Conditions against you as a third party beneficiary thereof.

 

11. General

 

11.1 Visiting the Site, sending us emails, and completing online forms

constitute electronic communications. You consent to receive electronic

communications and you agree that all agreements, notices, disclosures, and

other communications we provide to you electronically, via email and on the

Site, satisfy any legal requirement that such communication be in writing.

 

You hereby agree to the use of electronic signatures, contracts, orders and

other records and to electronic delivery of notices, policies and records of

transactions initiated or completed by us or via the Site. You hereby waive any

rights or requirements under any statutes, regulations, rules, ordinances or

other laws in any jurisdiction which require an original signature or delivery

or retention of non-electronic records, or to payments or the granting of

credits by other than electronic means.

 

11.2 These Terms and Conditions and any policies or operating rules posted by us

on the Site or in respect to the Services constitute the entire agreement and

understanding between you and us.

 

11.3 Our failure to exercise or enforce any right or provision of these Terms

and Conditions shall not operate as a waiver of such right or provision.

 

11.4 We may assign any or all of our rights and obligations to others at any

time.

 

11.5 We shall not be responsible or liable for any loss, damage, delay or

failure to act caused by any cause beyond our reasonable control.

 

11.6  If any provision or part of a provision of these Terms and Conditions is

unlawful, void or unenforceable, that provision or part of the provision is

deemed severable from these Terms and Conditions and does not affect the

validity and enforceability of any remaining provisions.

 

11.7 There is no joint venture, partnership, employment or agency relationship

created between you and us as a result of these Terms and Conditions or use of

the Site or Services.

 

11.8 For consumers only - Please note that these Terms and Conditions, their

subject matter and their formation, are governed by English law. You and we both

agree that the courts of England and Wales will have exclusive jurisdiction

expect that if you are a resident of Northern Ireland you may also bring

proceedings in Northern Ireland, and if you are resident of Scotland, you may

also bring proceedings in Scotland. If you have any complaint or wish to raise a

dispute under these Terms and Conditions or otherwise in relation to the Site

please follow this link http://ec.europa.eu/odr.

 

11.9 For business users only - If you are a business user, these Terms and

Conditions, their subject matter and their formation (and any non-contractual

disputes or claims) are governed by English Law. We both agree to the exclusive

jurisdiction of the courts of England and Wales.

 

11.10 Except as stated under the Mobile Application section, a person who is not

a party to these Terms and Conditions shall have no right under the Contracts

(Rights of Third Parties) Act 1999 to enforce any term of these Terms and

Conditions.

 

11.11 In order to resolve a complaint regarding the Services or to receive

further information regarding use of the Services, please contact us by email at

js.pnk@perfectkitchenco.com or by post to:

 

P&KTradingInc

(PerfectKitchenCo)

 

19240 Des Moines Memorial DR S, C-100

Seatac, WA 98148

United States