Website Terms of Use 

* Terms and Conditions follow below

BACKGROUND

A   These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.wedine.co.uk  (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to sales or purchases made on Our Site. Please refer to Our Terms for Chefs or Terms for Diners for more information.

B   We provide an online platform to connect both amateur and professional Chefs with Diners.
 
C   At no time will a contract come into existence between us and Diners for the purchase of food or other services required from Chefs.  Any contract formed between a Chef and a Diner for the sale/purchase of food or services will be solely between the Chef and Diner.

D   Although Our Site is not directed only to Diners and Chefs based in the United Kingdom, Chefs must have a recognised bank account in the United Kingdom in order to work with us.

E   We provide our Marketplace to connect Chefs, acting on the course of a business or trade, to consumer and business customers.


1.         Definitions and Interpretation

1.1       In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Chef” means a User (including amateur and professional chefs and cooks) who sell food on Our Marketplace;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Diner” means a User who makes a purchase on Our Marketplace;
“Marketplace” means Our platform for Chefs and Diners on Our Site;
“Third Party Advertising” means advertising displayed on Our Site, provided by third parties;
“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means EHO LIMITED, a company registered in England under company number 09965360 and whose registered address is Unit 3, Hyde Estate Road, London NW9 6JX.

2.         Information About Us

2.1       www.wedine.co.uk is a Site owned and operated by EHO LIMITED, a company registered in England under company number 09965360 and whose registered address is Unit 3, Hyde Estate Road, London NW9 6JX.
2.2       Our VAT number is 242 5110 51.
2.2       You can contact us by: writing to us at the above address, emailing us at foodies@wedine.co.uk or calling us on 0207 183 1628.


3.         Access to Our Site

3.1       Access to Our Site is free of charge.
3.2       It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3       Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use, Our main Terms for Chefs and Diners, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4.         Accounts

4.1       Certain parts of Our Site (including the ability to submit requests, listings and orders on Our Marketplace) require an Account in order to use them.
4.2       You may not create an Account if you are under 18 years of age.
4.3       When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4       We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.
4.5       It is your responsibility to keep your password safe. You must not share your Account with anyone else.
4.6       If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.7       You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.8       All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.
4.9       If you wish to close or delete your Account, you may do so at any time by emailing us at support@wedine.co.uk.  If you delete your Account, We will remove your information from Our systems and will remove your User Content from Our Site (where applicable).

5.         Intellectual Property Rights and Use of Our Site

5.1       With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2       Subject to sub-Clause 5.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.
5.3       You may:
5.3.1   access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);
5.3.2   download Our Site (or any part of it) for caching;
5.3.3   print one copy of any pages from Our Site;
5.3.4   download extracts from pages on Our Site; and
5.3.5   save pages from Our Site for later and/or offline viewing.
5.4       The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.
5.5       You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.

6.         User Content

6.1       User Content on Our Site includes (but is not limited to) information presented by Diners and Chefs, and Diner and Chef reviews and feedback.
6.2       You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.
6.3       You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4       You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site.
6.5       You may remove your User Content (except for feedback and reviews) within your Account by closing your Account (see sub-clause 4.9).  For the removal of all other User Content, please contact Us. We will use reasonable efforts to remove the User Content from Our Site at Our sole discretion. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.4. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).
6.6       We may reject, reclassify, or remove any User Content from Our Site where in violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.

7.         Links to Our Site

7.1       You may link to Our Site provided that:
7.1.1   you do so in a fair and legal way;
7.1.2   you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;
7.1.3   you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4   you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.
7.2       You may not link to any page other than the homepage of Our Site.  Linking to other pages (known as “deep linking”) requires Our express written permission.
7.3       Framing or embedding of Our Site on other websites requires Our express written permission.
7.4       You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:
7.4.1   is sexually explicit;
7.4.2   is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.4.3   promotes violence;
7.4.4   promotes or assists in any form of unlawful activity;
7.4.5   discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.4.6   is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7   is calculated or is otherwise likely to deceive another person;
7.4.8   is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9   misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.         Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9.         Third Party Advertising

9.1       We may feature Third Party Advertising on Our Site.
9.2       You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.
9.3       We are not responsible for any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

10.       Disclaimers and Legal Rights

10.1     Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.
10.2     Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10.3     We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date and we have no control over, or have any responsibility for any information placed on our Site by Chefs and Diners.
10.4     We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

11.       Our Liability
 
11.1     Please note that the provisions of this Clause 11 are subject to Our Terms for Diners and Terms for Chefs.  These will be made available to you upon request for an Account.
11.2     To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.
11.3     To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or to any Content (including User Content) included on Our Site.
11.4     If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
11.5     We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.
11.6     We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.7     Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact your local Citizens Advice Bureau or Trading Standards Office.
 
12.       Viruses, Malware, and Security

12.1     We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all User Content uploaded by Users for viruses and malware as it is uploaded. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5, subject to sub-Clause 10.2.
12.2     You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
12.3     You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
12.4     You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12.5     You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6     By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

13.       Acceptable Usage Policy
 
13.1     You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:
13.1.1 you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;
13.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
13.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
13.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
13.2     When using Our Site, you must not communicate or otherwise do anything that:
13.2.1 is sexually explicit;
13.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
13.2.3 promotes violence;
13.2.4 promotes or assists in any form of unlawful activity;
13.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
13.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
13.2.7 is calculated or is otherwise likely to deceive;
13.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
13.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);
13.2.10  implies any form of affiliation with Us where none exists;
13.2.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
13.2.12  is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
13.3     We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:
13.3.1 removing your User Content from Our Site;
13.3.2 issuing you with a written warning;
13.3.3 issuing legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
13.3.4 taking further legal action against you as appropriate;
13.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
13.3.6 taking any other actions which We deem reasonably necessary, appropriate, and lawful.
13.4     We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.
 
14.       Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policy and Cookie Policy, available at https://wedine.co.uk/admin/contents/4

15.       How We Use Your Personal Information (Data Protection)

15.1     All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15.2     For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy, https://wedine.co.uk/admin/contents/4

16.       Communications from Us

16.1     If We have your contact details, We may send you important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use; Our Terms for Chefs and Diners, Privacy Policy, or Cookie Policy; and changes to your Account.
16.2     We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us, it may take up to 10 days for Us to comply with your request. During that time, you may continue to receive emails from Us.

18.       Changes to these Terms of Use

18.1     We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.
18.2     In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

19.       Law and Jurisdiction

19.1     These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
19.2     Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.




Terms and Conditions

BACKGROUND

These Terms, together with any and all other documents referred to herein, set out the terms under which Chefs can offer their services in Listings and Diners can submit Requests and book Chefs on Our Marketplace. Please read these Terms carefully and ensure that you understand them before registering to use Our Site. You will be required to read and accept these Terms when you register for an Account to use Our Site.  If you do not agree to comply with and be bound by these Terms, you will not be able to register for an Account, post Diner Requests, make Offers, or ask questions to Diner Requests on Our Marketplace.

We provide an online platform to connect both amateur and professional Chefs with Diners. At no time will a contract come into existence between Us and Diners for the purchase of any Chef Services.  Any contract formed between a Chef and a Diner will be solely between the Chef and Diner.

Whether you are a Chef or a Diner, differing Terms may apply.  For ease of reference, We have set out an index to the Terms so you can scroll down to them easily.

TERMS THAT APPLY TO ALL USERS

1.         Definitions and Interpretation
2.         Information About Us
3.         Access to and Use of Our Site
4.         Restrictions
5.         Intellectual Property Rights
6.         User Rules and Acceptable Usage Policy
7.         Data Protection
8.         Reviews
9.         Other Important Terms
10.       Law and Jurisdiction

TERMS THAT APPLY TO DINERS

11.       Our Marketplace
12.       Booking a Chef
13.       Chef Services
14.       Diner’s Obligations
15.       Payment Service
16.       Payments to Chefs
17.       Taxes
18.       Diner Changes and Cancellations
19.       Problems with Transactions and Your Rights
20.       Further Transaction Cancellation Rights
21.       Your Account Cancellation Rights
22.       Our Liability to You
23.       Insurance
24.       Discount Codes
25.       Gift Vouchers
26.       Rewards Point Account

TERMS THAT APPLY TO CHEFS

27.       Our Marketplace
28.       Chef’s Obligations
29.       Transaction Fees
30.       Payment Service
31.       Payments from Diners
32.       Payments to Us
33.       Taxes
34.       Diner Changes and Cancellations
35.       Problems with Transactions and Diners’ Rights
36.       Further Transaction Cancellation Rights
37.       Your Account and Cancellation
38.       Our Liability to You
39.       Events Outside of Our Control (Force Majeure)
40.       Data Protection
41.       Restrictions During and After the Term of this Agreement
42        Ranking

TERMS THAT APPLY TO ALL USERS
 
1.         Definitions and Interpretation

1.1       In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use certain areas of Our Site;
“Chef” means a User (including amateur and professional chefs and cooks) who offer Chef Services on Our Marketplace;
“Chef Services” means the services and/or food products supplied by Chefs through our Marketplace;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Diner” means a User who submits a Diner Request and/or accepts a Chef’s Offer for Chef Services on Our Marketplace;
“Diner Request” means a request for Chef Services posted by a Diner on Our Site;
“Listing” means a listing on Our Marketplace advertising Chef Services;
“Marketplace” means Our platform for Chefs and Diners on Our Site;
“Chef’s Offer” means the offer by a Chef to a Diner’s Request setting out the full cost of, and services to be provided by the Chef;
“Order” means the order by a Diner for the Chef Services as set out in the Chef’s Offer;
“Order Value” means the total amount charged by a Chef to the Diner for an Order;
“Our Site” means www.wedine.co.uk;
“Payment Service” means the payment service provided by Stripe Payments Europe Limited whose full terms and conditions can be found athttps://stripe.com/gb/legal;
“Payment Service Account” means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;
“Third Party Payment Service Provider” means Stripe;
“Transaction Fee” means a percentage fee applied to each sale based on the Order Value made on Our Marketplace;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“Venue” means the place where the Chef is to provide the Chef Services that is not the home or usual residence of the Diner;
“We/Us/Our” means EHO LIMITED, a company registered in England under company number 09965360 and whose registered address is Unit 3, Hyde Estate Road, London NW9 6JX.

2.         Information About Us

2.1       www.wedine.co.uk is a Site owned and operated by EHO LIMITED, a company registered in England under company number 09965360 and whose registered address is Unit 3, Hyde Estate Road, London NW9 6JX.
2.2       Our VAT number is 242 5110 51.
2.2       You can contact Us by:
•          writing to Us at the above address
•          emailing Us at foodies@wedine.co.uk;
•          Calling us on 0207 183 1628.

3.         Access to and Use of Our Site

3.1       Access to Our Site is free of charge.
3.2       It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3       Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4       Use of Our Site is also subject to Our Terms of Use and our Privacy and Cookies Policy which are available to view on Our Site INSERT LINKS.
3.5       If you are a business customer, these Terms constitute the entire agreement between Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

4.         Restrictions

4.1       You may only register for an Account if you are at least 18 years of age.
4.2       Chefs understand that these terms apply to both business and consumer Diners.
4.3       As a Chef, if you wish to make a Chef’s Offer you must register with us a recognised bank account in the United Kingdom.

5.         Intellectual Property Rights

5.1       The provisions of our Terms apply to all User Content submitted to our Site, including any and all User Content submitted to our Marketplace in Listings.
5.2       Users must, at all times, respect the intellectual property rights of all other Users on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

6.         User Rules and Acceptable Usage Policy

6.1       When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 6. Specifically:
6.1.1   you must ensure that you comply fully with all local, national, or international laws and/or regulations;
6.1.2   you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
6.1.3   you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
6.1.4   you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
6.1.5   you must always provide accurate, honest information to other Users on Our Marketplace; and
6.1.6   you must not engage in any form of price fixing with other Users (including Chefs and Diners).
6.2       When using Our Marketplace, you must not submit anything, or otherwise do anything that:
6.2.1   is sexually explicit;
6.2.2   is obscene, deliberately offensive, hateful, or otherwise inflammatory;
6.2.3   promotes violence;
6.2.4   promotes or assists in any form of unlawful activity;
6.2.5   discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
6.2.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.2.7   is calculated or is otherwise likely to deceive;
6.2.8   is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
6.2.9   misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.2);
6.2.10 implies any form of affiliation with Us where none exists;
6.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
6.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.3       We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 6 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:
6.3.1   removing any offending material from Our Marketplace;
6.3.2   issuing you with a written warning;
6.3.3   issuing legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
6.3.4   taking further legal action against you as appropriate;
6.3.5   disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
6.3.6   any other actions which We deem reasonably necessary, appropriate, and lawful.
6.4       We hereby exclude any and all liability arising out of any actions that we may take in response to breaches of these Terms.

7.         Data Protection

7.1       All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
7.2       For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy. Insert a link
7.3       Chefs will also collect, hold, and process personal information in the course of transactions (for example, your name, telephone number(s) email address, and postal address). Chefs are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.
7.4       You must only use the personal data of other Users (whether they are Chefs or Diners) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.

8.         Reviews

8.1       Subject to Condition 8.2, We will publish reviews from both Diners and Chefs on the Site.
8.2       We will not monitor reviews which shall automatically be published without prior notice to you.  If you object to the contents of a review, you must notify Us of such objection in writing within 14 days of publication of the review on the Site providing any evidence supporting your contrary views/objections.
8.3       We will consider your objections notified to Us in accordance with clause 8.2 and any decision to remove the relevant review will be at Our absolute discretion and that decision is final. Any review that cannot be proved to the contrary shall stand as the reasonable opinion of the User.
8.4       Notwithstanding clause 8.3, subject to vetting by Us, a User may reply to a review and We agree to provide the User with the relevant User’s Order details in order to do so.
8.5       We will not monitor reviews but if We are made aware of any review that we consider to be inappropriate, defamatory, vulgar or abusive; to contain any advertising or marketing of any kind, or may disclose a person’s identity or personal details then we will remove the review.
8.6       If, in Our reasonable opinion, reviews reflect low standards of the Chef, the Chef’s Services, or of a Diner, We reserve the right to investigate any such reviews and/or may suspend or terminate this Agreement immediately on the provision of written notice to the User.

9.         Other Important Terms

9.1       We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
9.2       You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.
9.3       If any of the provisions of these Terms fare found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms.  The remainder of these Terms shall be valid and enforceable.
9.4       No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
9.5       We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements.

10.       Law and Jurisdiction
 
10.1     These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
10.2     If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 10.1 above takes away or reduces your rights as a consumer to rely on those provisions.
10.3     Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
 
TERMS THAT APPLY TO DINERS

11.       Our Marketplace

11.1     Our Marketplace is provided solely as an online venue for Chefs and Diners. We are not a party to any transactions or other relationships between Chefs and Diners. You hereby acknowledge and agree that:
11.1.1  You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Chef in question, and your contract is with that Chef;
11.1.2  We will not be a party to any dispute between you and any Chef or another Diner. Any claims must be made directly against the party concerned however, if you need to make a claim under Our insurance (see Clause 23), please contact Us on 0207 183 1628 or email Us at foodies@wedine.co.uk as soon as you become aware of a claim or potential claim.
11.1.3  We do not pre-screen Chefs or any Chef Services, or any other goods or services that Chefs advertise in Listings on our Marketplace. We are not, therefore, in any way responsible for the Chef’s Services or for any food that they supply or prepare or for the content of any Listings; and
11.1.4  While all Chefs are required to comply with Our Chef Terms, which include provisions covering important matters such as payment methods, all Chefs set their own menus, will have differing requirements as to what equipment you and they will provide and set their own prices.

12.       Booking a Chef

12.1     You will be required post a Diner’s Request stating the location for the Chef Services, the date and time of the meal, the number of guests, the type of service required and the preferred cuisine.  These details will be published on Our Site.
12.2     Chefs will then either contact you via the Site to discuss your requirements in more detail, and once all aspects have been discussed, send a Chef’s Offer, or simply send a Chef’s Offer.  The Chef’s offer will confirm dates, times, menu, the cost and any specific requirements (such as the equipment, cutlery and tableware that you or the Chef will supply).
12.3     Any correspondence between you and the Chef prior to the acceptance of a Chef’s Offer will be publicly viewable on the Website.
12.4     If you wish to accept the Chef’s Offer, you must then make payment.  If you are a business customer and wish to pay by way of invoice, please contact us.  Only once you have made payment in full can a Chef’s Offer be accepted.
12.5     By accepting a Chef’s Offer, you acknowledge that you have read and accepted the Chef’s Offer and only at that time will a contract come into existence between you and the Chef.
12.6     After accepting a Chef’s Offer, We will then make private messaging available as between you and the Chef.
12.7     If we are made aware that a Chef cannot honour an Offer, We will use Our best endeavours to find an alternative Chef for your consideration.  If an alternative Chef cannot be agreed then a full refund will be issued to you.

13.       Chef Services

13.1     The Chef’s Offer should set out:
a)         The location where the Chef’s Services are to take place;
b)         The cuisine to be cooked;
c)         The number of guests;
d)         The number of courses to be served;
e)         Whether the service is a premium service;
f)         The time of the event;
g)         The total cost of the Chef Services.
13.2     The Chef will prepare and serve the food and then leave your premises.  If you have ordered a premium service, the Chef will also clean the kitchen utensils and equipment used during the food preparation, wash the cutlery and tableware available immediately after serving the last course and leave the kitchen in the same state in which they found it.  The Chef will not be responsible for the clearing or cleaning of tableware and cutlery used during or after the last course served.
13.3     As set out above in Clause 11, all transactions on Our Marketplace are between Chefs and Diners only. We are not a party to such transactions.
13.4     At the time of accepting a Chef’s Offer, you expressly agree that:
a)         You understand that the contract for the purchase of the Chef Services is between you and the Chef;
b)         Save as stated in Clause 12.3, you will submit payment for the Chef’s Services at the time of accepting the Chef’s Offer (see Clause 12.3); and
c)         You will adhere to your obligations as set out in Clause 14.
13.5     You understand that the Chef is preparing a meal specifically for you and will use reasonable efforts to prepare food to your personal taste however, all food prepared will differ in flavour, colour, texture and taste and therefore variation of these factors can occur.
13.6     Chef’s will not be responsible for any failure or delay in performing Chef Services where that failure or delay results from any cause that is beyond the Chef’s reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, traffic, governmental action, epidemic or other natural disaster, or any other event that is beyond the Chef’s reasonable control.
 
14.       Diner’s Obligations

14.1     You are responsible for informing the Chef of any allergy, dietary or other reasons that could affect your, or any other diner’s consumption of the food to be prepared.  If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always contact the Chef before placing your Order.
14.2     You must:
a)         Inform the Chef of any matter that could affect the Chef Services including access, parking, cooking restrictions;
b)         ensure there is a clean and safe working environment for the Chef;
c)         provide all of the necessary cooking facilities and equipment, cutlery and tableware required for the Chef to complete the Chef Services (save for those agreed that the Chef will supply as set out in the Chef’s Offer);
d)         provide the Chef with any instructions required in respect of any of your equipment to be used by the Chef;
e)         ensure that you have a suitable indoor venue available in the case of poor weather where an outdoor location has been agreed.
14.3     Where you have requested the Chef’s Services at a particular Venue:
a)         Clause 14.2 above applies AND you are responsible for liaising between the Chef and the Venue to ensure that the Venue is suitable for the Chef’s needs, and is suitably equipped;
b)         Provide the Chef with the full correct address for the Venue;
c)         Ensure that there is suitable parking facilities at the Venue for the duration of the Chef Services for access to both load and unload food and equipment;
d)         Ensure that the Chef will have access to the Venue in ample time to prepare for the Chef Services prior to service of the food;
e)         Ensure that the Chef will have suitable instructions to use any equipment at the Venue;
f)         Confirm with the Venue that our insurance (see Clause 23) is sufficient for its purposes.  The Chef will not be responsible if the Venue refuses to allow the Chef to carry out the Chef Services due to lack of insurance cover;
g)         Ensure that alternative arrangements can be catered for by the Venue in the case of inclement weather;
h)         Ensure that the Venue’s license will cover the Chef’s serving of alcohol, where such service has been agreed by the Chef.
14.4     You are responsible for ensuring that all members of your party act at all times in a safe and responsible manner.  Our Chefs will not tolerate any violent, threatening behaviour, physical aggression or verbal abuse.  All Chefs have the right to terminate the agreement if your behaviour or that of any guests or persons present causes any distress, damage, danger or annoyance to the Chef.
14.5     You are not permitted, without Our prior written consent, to solicit or entice away from us, or directly employ or attempt to employ any Chef who is, or has been, registered as a Chef with Us in the previous 12 months.

15.       Payment Service

15.1     All Payments on Our Marketplace are made through the Payment Service provided by Stripe, Our Third Party Payment Service Provider.
15.2     We reserve the right to change our Third Party Payment Service Provider without the giving of any notice.
15.3     Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments on Our Marketplace.
15.4     By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
15.5     The Payment Services accept differing payment methods so please check on the Chef’s Listing which payment methods are accepted by the Chef with whom you wish to place an Order.
15.6     If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
15.7     The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

16.       Payments to Chefs

16.1     All payments are processed using the Payment Service described above in Clause 15 and payments for Orders must not be made directly to Chefs.
16.2     Payment for Chef Services must always be made in advance and you will be prompted to pay when accepting a Chef’s Offer.  Your chosen payment method will be charged at the time you accept the Chef’s Offer.  If you are a business customer and wish for Us to provide an invoice, please contact us.  The Chef’s Offer can only be accepted once We are in receipt of cleared funds. 
16.3     We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Chefs at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

17.       Taxes

17.1     It is the responsibility of Chefs to collect and pay takes on any sales made through Our Marketplace.
17.2     Where any tax forms a part of the price of Chef Services on Our Marketplace, the tax must be included in the price of the Chef Services.
17.3     If a Chef is VAT registered, they may be required to charge VAT on the Chef Services that they sell on Our Marketplace.  The price shown by the Chef will be inclusive of VAT.
For further information on VAT and other taxes in your location, please contact your local tax authority.

18.       Diner Changes and Cancellations
 
18.1     Up to 2 days before the scheduled date for the Chef Services, you may request any amendment to an Order but any such change is subject to the Chef’s agreement, and your making payment of any additional costs that will be incurred as a result of the change.
18.2     If you are a consumer based in the European Union, for many contracts entered into online, you may be entitled to a “cooling-off” period within which you may cancel your contract for any reason.  However, the cooling-off period does not apply to the provision of catering services where the contract provides for a specific date of performance.  However, all of our Chefs have agreed the following cancellation policy:
a)         Any cancellation received more than 10 clear days before the scheduled date of the Chef Services will result in a full refund;
b)         Any cancellation received between 2 clear days and 10 days before the scheduled date of the Chef Services will result in a 50% refund;
c)         If you cancel the Chef Services with less than 2 clear days’ notice, you will not be entitled to a refund.
 
19.       Problems with Transactions and Your Rights
 
19.1     You have certain legal rights with respect to the purchase of services and products.  The Chefs must carry out their services with reasonable care and skill, use food products that are of satisfactory quality and in accordance with any pre-contract information that Chefs provide to Diners.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. 
19.2     If you have any cause of complaint about the Chef Services provided you should contact the Chef immediately.
19.3     If Chefs do not perform the Chef Services as set out in sub-clause 19.1, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Chef Services are not performed in line with information that Chefs provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
19.4     If for any reason a Chef is required to repeat the services in accordance with your legal rights, they will not charge you for the same and they will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full price paid and may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which the Chef agreed that you are entitled to the refund) and made via the same payment method originally used by you.
19.5     If you are a business Diner, a Chef’s total aggregate liability under or in connection with the Chef’s Services provided, whether arising in tort (including negligence), contract or in any other manner will not exceed the total Order Value for the Chef’s Services however, this does not seek to limit or exclude the Chef’s liability for death or personal injury caused by the Chef’s negligence (including that of their employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
 
20.       Further Transaction Cancellation Rights

20.1     The Chef has the right to cancel a transaction and issue a full refund of any sums paid in the following circumstances:
a)         You and the Chef have mutually agreed to cancel the Order before the Chef Services began; or
b)         The Chef has chosen to refuse service to you.
20.2     Refunds will be made within 14 days of the date on which you and the Chef agree the cancellation, under sub-Clause 20.1(a) or the date on which the Chef informs you and Us that they are cancelling the transaction, under sub-Clause 20.1(b).

21.       Your Account Cancellation Rights

21.1     You may close your Account at any time by emailing us at foodies@wedine.co.uk.
21.2     If you (or We for any reason) close your Account, any reward points will be lost, as will any credits (for example, reward points) and gift vouchers.

22.       Our Liability to You

22.1     As stated in Clause11, save as stated at Clause 23, We are not a party to any transactions, other relationships, or disputes between Diners and Chefs. Furthermore, as stated in sub-Clause 11.1.3, We do not pre-screen Chefs or any Chef Services or other items that Chefs advertise in Listings on our Marketplace. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any Chef Services or other item(s) purchased from Chefs on our Marketplace. Any claims pertaining to a transaction must be made directly against the Chef concerned.
22.2     We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.
22.3     Subject to sub-Clause 22.4, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, any loss of business opportunity or any other losses, howsoever caused.
22.4   Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
22.5     Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

23.       Insurance
 
23.1     All booked Chef Services made through our Site are covered by Product Liability and Public Liability insurance for a maximum coverage of £5,000,000 with an excess of £1000.00 per claim in relation to any property damage. 
23.2     Any undeclared change in circumstances, such as a change in the number of guests, a change of date, Venue or a change in any details to any other Chef Services agreed under the contract between you and a Chef may result in invalidating the insurance.
23.3     Our insurance is subject to terms and conditions, and time-limits for making a claim.
 
24.       Discount Codes
 
24.1     We may from time to  time offer discount codes on our Site.
24.2     Any discount code offered will be offered on the conditions stated at the time of offering the code which can be, but are not limited to, expiry dates, repeat/single usage, minimum spend requirement and tied to specific users.
24.3     Discount codes have no cash value, cannot be refunded and cannot be used in conjunction with any other offer or promotion.
24.4     We reserve the right to withdraw any discount codes at any time without notice.
 
25.       Gift Vouchers
 
25.1     Gift vouchers can be purchased for the amounts as set out on Our Site
25.2     Only a registered Account holder can redeem a gift voucher.
25.3     Gift Vouchers:
a)         can only be redeemed to pay for Chef Services via Our Site and cannot be used for any other purpose;
b)         must be redeemed within 2 years of the date of purchase.
c)         cannot be exchanged for cash.
25.4     We cannot offer any refund or other trade-in value for gift vouchers;
25.5     The full value of the gift voucher does not have to be used for a single Order.  If an Order is less than the amount of the gift voucher, the remainder will be held in the Diner’s Account.  If the Order is higher than the value of the gift voucher, the Diner will have to pay the additional cost for the Order.
 
26.       Rewards Point Account

26.1     If you have registered with Us during a limited campaign under which reward points were offered then, when you register with Us, We will automatically open a reward points account for you.
26.2     Reward points are only available during limited campaigns and will only be awarded during such campaign at such rate and for such periods as set out on Our Site.
26.3     Reward points equal pence and can only be spent only for the booking of Chef Services via Our Site.
26.4     Reward points cannot be redeemed for cash, gift vouchers or for any other purchase on Our Site except for Chef Services.
26.5     Reward points cannot be transferred to any other User’s Account.

TERMS THAT APPLY TO CHEFS

27.       Our Marketplace

27.1     Our Marketplace is provided solely as an online venue for Chefs and Diners. We are not a party to any transactions or other relationships between Chefs and Diners. You hereby acknowledge and agree that:
a)         Diners are not making purchases from Us and are not entering into a contract with Us for Chef Services. A Diner’s purchase is from you, and their contract is with you;
b)         We will not be a party to any dispute between you and any Diners or another Chef. Any claims must be made directly against the party concerned;
c)         We do not pre-screen you or the services that you advertise in Listings on Our Marketplace.  Likewise We do not screen any Diner and are not responsible in any way for the Diner’s conduct.
27.2     While you are required to comply with these Terms, which include provisions covering important matters such as payment methods, We recognise that all Chefs are different and therefore Chefs are at liberty to set their menus, equipment requirements with Diner’s, their own prices and to set out any specific requirements in regards to the Chef’s Services within their Listings and Chef’s Offers.
27.3     You may only sell Chef Services on Our Marketplace.
27.4     We reserve the right to remove any Listing where you breach these Terms.  We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
27.5     By using Our Marketplace you understand and agree that We may use the Site, and your details to promote the Site on all forms of social media.

28.       Chef’s Obligations

28.1     Within your Listing you may set out:
a)         The locations/area in which you will provide Chef Services;
b)         cuisines that can be cooked;
c)         menus and illustrative pictures.
28.2     Within a Listing you must not:
a)         use any Content that belongs to other parties without their express permission (please refer to Clause 5 for more information on intellectual property rights);
b)         advertise alternate locations or forums from which your Chef Services can be purchased (including any other e-commerce sites), thereby avoiding our Transaction Fees;
c)         make any reference to the Transaction Fees; and
d)         refer to or provide any links to any of your websites or social media pages or other media platforms.
28.3     In order to make a Chef’s Offer you must confirm that you have in place the correct food and hygiene certificate.
28.4     Within the Chef’s Offer you must set out:
a)         The location where the Chef’s Services are to take place;
b)         The cuisine to be cooked;
c)         The number of guests;
d)         The number of courses to be served;
e)         Whether the service is a premium service;
f)         The time of the event;
g)         The total cost of the Chef Services (inclusive of any VAT).
28.5     You should arrange with the Diner to arrive in plenty of time to familiarise yourself with the Diner’s or Venue’s kitchen, and prepare the food.
28.6     Where a Diner has paid for a premium service, you are required to ensure that you have sufficient staff/assistance to prepare the food.  As a minimum, you are required to attend with at least 1 assistant if there are more than 8 guests (where the Diner has booked a premium service).
28.7     You will be obliged to prepare and serve the food, and then leave the premises.  If the Diner has ordered a premium service, you must also clean the kitchen utensils and equipment used during the food preparation, wash the cutlery and tableware available immediately after serving the last course and leave the kitchen in the same state in which you found it.  To avoid any disagreements about the state of cleanliness, it may be worth taking a photo of the kitchen and equipment before using and after you have cleaned it.
28.8     You must at all times comply with all necessary national and local legislation that applies to the professional Chefs and cooks, including, but not limited to, all health and safety legislation, industry-regulated hygiene standards, and required licensing (and any licensing requirements that may apply if you have agreed to supply alcohol). More information https://www.food.gov.uk/business-guidance/food-hygiene-for-your-business
28.9     You must provide any equipment that was agreed with the Diner as set out in the Chef’s Offer.
28.10   You must ensure your appearance reflects high hygiene standards, with hair pinned back, impeccably clean hands and unvarnished nails, no jewellery and minimal make up. We expect rigorous hand-washing, use of gloves where appropriate and immaculate Chef’s whites/jackets or aprons.
28.11   All food prepared prior to an Order fulfilment must be prepared personally and by and you must not provide to Diners any pre-packed food.
28.12   You must have in place sufficient Public and Product Liability to cover the Chef Services with a reputable insurer.
28.13  You agree that you will not, at any time whilst communicating with Diners and our audience or performing your Chef Services, provide the Diner or any guests with any information that could lead the Diner to contact you directly (i.e. website or other social media details or business cards) and that you will only provide information that will encourage bookings through Our Site.

29.       Transaction Fees

29.1     We will charge a Transaction Fee of 20% of the Order Value (inclusive of VAT) for each Order submitted to you by a Diner through Our Site.
29.2     Any and all actions designed to avoid the payment of any fees described in these Terms are strictly prohibited.

30.       Payment Service

30.1     All Payments on Our Marketplace are made through the Payment Service provided by Our Third Party Payment Service Provider.
30.2     Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before taking payments from Buyers on Our Marketplace.
30.3     By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
30.4     You will need to ensure that you are fully aware of the payment methods accepted through the Payment Service.
30.5     If we receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
30.6     The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
30.7     We reserve the right to change the Third Party Payment Service Provider without notice to you.

31.       Payments from Diners

31.1     All payments made by Diners through the Site are processed using the Payment Service described above in Clause 30.
31.2     When a Diner accepts a Chef’s Offer and pays for the Chef Services via the Site, their payment will be processed by the Third Party Payment Service Provider who will then automatically deduct the Transaction Fees.  The remaining payment will then be made to your Payment Service Account usually within 5-7 working days of your marking the Diner Request as complete within your Account.  No payment will be made until you have confirmed via the Site that the Diner Request has been completed.
31.3     Where a business Diner has requested an Invoice, invoices and payments will be processed using the Third Party Payment Service Provider.  Only once We have received payment in full can the Diner accept your Chef’s Offer.  Payment will be release as stated in clause 31.2.
31.4     The Diner will be obliged to pay for the Chef’s Offer in full at the time of accepting it (save as stated at Clause 31.3).
31.5     You may of course accept direct payment from Diners but only where such payment is by way of a gratuity given after the Chef Services have been completed.
31.6     We will not make any Diners’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with our Third Party Payment Service Provider.

32.       Payments to Us

32.1     The Transaction Fees that are payable to us will automatically be deducted from the payments received from Diners – see Clause 31.2.
32.2     If you believe that We have charged you an incorrect amount, please contact Us immediately.

33.       Taxes

33.1     It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.
33.2     Where any tax forms a part of the price of Chef Services then the tax must be included in the price on the Listing.
33.3     If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Marketplace and the cost as stated in Chef’s Offers must be inclusive of VAT.
For further information on VAT and other taxes in your location, please contact your local tax authority.

34.       Diner Changes and Cancellations

34.1     Diners may request any amendment to an Order up to 2 days before the scheduled date for the Chef Services, provided you agree to the amendment.  Any agreed change should be notified through Our Site to the Diner, together with any increase/decrease in cost.
34.2     In the event of a cancellation by a Diner, you will receive the following percentage of the Order Value:
a)         For a cancellation received more than 10 clear days before the scheduled date of the Chef Services – 0%;
b)         For cancellation received between 2 clear days and 10 days before the scheduled date of the Chef Services -30%;
c)         For cancellations with less than 2 clear days’ notice – 80%.

35.       Problems with Transactions and Diners’ Rights

35.1     By law, you must carry out your services with reasonable care and skill and the food that you provide must be of satisfactory quality, fit for purpose, as described at the time of purchase and in accordance with any pre-contract information that you provide to the Diner.
35.2     If items do not conform with the requirements outlined in sub-Clause 35.1 the Diner must contact you as soon as reasonably possible to inform you of the problem. The Diner may then have the right to request repeat performance or, if that is not possible or done within a reasonable period of time without inconvenience to the Diner, they may have the right to a reduction in price, or even a full refund.
35.3     Refunds (whether full or partial, including reductions in price) under this Clause 35 must be issued within 14 calendar days of the day on which you agree that the Diner is entitled to a refund.
35.4     Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

36.       Further Transaction Cancellation Rights
 
36.1     You have the right to cancel a transaction and We will issue a full refund of any sums paid the Diner in the following circumstances:
a)         You and the Diner have mutually agreed to cancel the transaction before the Chef Services commenced;
b)         You have chosen to refuse service to the Diner.
 
37.       Your Account and Cancellation
 
37.1     You may close your Account and cancel your agreement with Us at any time by following the instructions within your Account.
37.2     Any outstanding sums due and payable to Us (including, but not limited to, Transaction Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.
37.3     We reserve the right to close your Account without notice to you if (i) you materially breach any of the these Terms; or (ii) your Account remains inactive for a period of 6 months or more.
 
38.       Our Liability to You
 
38.1     As stated in Clause 27, We are not a party to any transactions, other relationships, or disputes between Chefs and Diners.
38.2     We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms or as a result of Our negligence.
38.3     Subject to sub-Clause 38.5, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity or for any other losses, howsoever caused.
38.4     Without prejudice to clause 38.5, Our total aggregate liability under or in connection with this agreement, whether arising in tort (including negligence), contract or in any other manner will not exceed the total Transaction Fees paid by you in the preceding 3 months prior to a claim arising.
38.5   Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
 
39.       Events Outside of Our Control (Force Majeure)

39.1     We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
39.2     If any event described under this Clause 39 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
a)         We will inform you as soon as is reasonably possible;
b)         Our obligations under these Terms will be suspended and any time limits that We may be bound by will be extended accordingly;
c)         We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary.

40.       Data Protection

40.1     As a Chef, you will also collect, hold, and process Diners’ personal information in the course of transactions (for example, Diners’ names, telephone number(s), email addresses, and postal addresses). You must have your own privacy policy in place to govern your collection, processing, and holding of Buyers’ personal data.  You are, therefore, also considered data controllers under the GDPR and you will be responsible for complying with your legal obligations and protecting Diners’ rights under the GDPR. You must only use the personal data of other Users (whether they are Chefs or Diners) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.
40.2     If a Chef and Us are found to be joint data controllers of any Diner’s’ personal data, and We are sued, fined, or otherwise incur any expense because of something you have done with a Diner’s personal data, you agree to indemnify Us for any expenses incurred by Us in connection with your actions in respect of that personal data. Further details of the requirements of the GDPR can be obtained from the Information Commissioner’s Office.

41.       Restrictions During and After the Term of this Agreement
 
41.1     For the purpose of this clause 41 the following definitions shall apply:
Restricted Chef: any present Chef of Our Site or any person or firm who had registered with us as a Chef during the 12 months before Termination;
Restricted Diner: any person who, during the 12 months before Termination, made use of our Site as a Diner, whether or not that Diner entered into a Chef Services contract with a Diner of our Site;
Restricted Person: any employee of us or ours.
Termination: the termination of the Agreement howsoever caused.
41.2     In order to protect our confidential information and business and customer connections which the Chef has access to as a result of their registration with us, the Chef covenants with us that the Chef will not:
41.2.1 For a period of 1 year after Termination:
(a)       enter into any direct agreement with any Restricted Diner with a view to providing any goods or services to that Restricted Diner in competition with us or the Site;
(b)       endeavour to solicitor or entice away from us any business or custom with any Restricted Diner with a view to providing any goods or services to that Restricted Diner in competition with us or the Site;
(c)       offer to employ or engage or otherwise endeavour to entice away from us any Restricted Person or Restricted Chef;
(d)       offer to employ or engage or otherwise endeavour to entice away from us any Restricted Diner;
41.2.2 At any time after Termination, represent themselves as connected with us in any capacity, other than as a former Chef of our Site, or use any registered names or trading names associated with us and our Site.
41.2.   The Chef agrees to pay to us liquidated damages in the amount of £1,000.00 or the estimated loss to us in trade, whichever figure being higher, for any violation of the covenants contained in clause 41 of these Terms.
 
42.       Ranking
 
We may determine the ranking of any Chef or Listings at our absolute discretion.