This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Spice Kitchen and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control. The terms “we”, “us” or “our” shall refer to Spice Kitchen. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Spice Kitchen may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Spice Kitchen may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Spice Kitchen assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Spice Kitchen may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. SPICE KITCHEN RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Spice Kitchen finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Spice Kitchen shall not be liable for any loss or damage resulting from Spice Kitchen’s reliance on any instruction, notice, document, or communication reasonably believed by Spice Kitchen to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, Spice Kitchen reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

You represent and warrant to Spice Kitchen that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If Spice Kitchen has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Spice Kitchen reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. Spice Kitchen will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Spice Kitchen or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

You acknowledge and agree that:
Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.
You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
You will not use this Site or the Services in a manner (as determined by Spice Kitchen in its sole and absolute discretion) that:
Is illegal, or promotes or encourages illegal activity;
Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
Infringes on the intellectual property rights of another User or any other person or entity;
Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Spice Kitchen. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies. You will not access Spice Kitchen Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Spice Kitchen may designate.

If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Spice Kitchen may cancel any service associated with your name, email address or account and close any associated Spice Kitchen accounts. If Spice Kitchen, in it’s sole discretion, determines that any conducted activity is fraudulent, Spice Kitchen reserves the right to take any necessary legal action and you may be liable for monetary losses to Spice Kitchen including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact Spice Kitchen Care.

Spice Kitchen offers certain hosted Services available to you that may involve the processing of personal data about you, your customers and/or web users(“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. Our Controller to Processor Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of your Data. For the purposes of the Controller to Processor DPA and the Standard Contractual Clauses attached to the DPA (when and as applicable), you (and your applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the Terms of Service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgement and acceptance of the Controller to Processor DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). 

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