BACKGROUND:

 

A          These Terms, together with any and all other documents referred to herein, set out the terms under which Users (“Chefs”) sell Food Products on Our Marketplace. Please read these Terms carefully and ensure that you understand them before selling on Our Marketplace. You will be required to read and accept these Terms when you register for an Account. If you do not agree to comply with and be bound by these Terms, you will not be able to sell on Our Marketplace.

 

B          We provide an online platform to connect both amateur and professional Chefs with Customers.

 

C          At no time will a contract come into existence between us and Customers for the purchase of Food Products from Chefs.  Any contract formed between a Chef and a Customer will be solely between the Chef and Customer.

 

1. Our Site is directed to Customers and Chefs based in the United Kingdom only. You must be resident in the United Kingdom in order to register with us.

 

1. We provide our platform to connect Chefs, acting on the course of a business or trade, to consumers only.

 

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 Products 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;

“Customer” means a User who makes a purchase on Our Marketplace;

“Food Product” means home cooked meals and food made personally by Chefs;

“Listing” means a listing on Our Marketplace advertising Food Products for sale;

“Marketplace”           means Our platform for Chefs and Customers on Our Site;

“Order” means the order by a Customer for the Chef’s Food Products;

“Order Value” means the total amount charged by a Chef to the Customer for an Order;

“Our Site” means www.homgry.co.uk;

“Payment Service” means the payment service provided by Stripe and PayPal;

“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 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;

“Third Party Payment Service Provider” means Stripe Payments Europe, Limited, whose full details and terms of service can be found at https://stripe.com/gb/ssa and PayPal (Europe) whose details and terms of service can be found at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full;

“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;

“We/Us/Our” means Homgry Limited, a company registered in England under company number 11576630 and whose registered address 14 Morland Road, Harrow, United Kingdom HA3 9LU.

 

2. Information About Us

 

2.1      www.homgry.co.uk is a Site owned and operated by Homgry Limited, a company registered in England under company number 11576630 and whose registered address 14 Morland Road, Harrow, United Kingdom HA3 9LU.

 

2.2      You can contact us by writing to us at the above address, by emailing us at support@homgry.co.uk or via the Site at xxxxxx if there is a contact us page

 

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 Terms for Buyers. Please ensure that you have read them carefully and that you understand them.

 

4. Restrictions

 

4.1      You may only sell Food Products on Our Marketplace if you are at least 18 years of age and are resident in the United Kingdom.

4.2      Our Terms for Customers are based on Customers acting as consumers i.e. not in the course of a business.  Your liability to business customers may be far greater than those to consumers.

4.3      You may only apply for an Account on the basis that you are accepting that you are acting in the course of a business or trade.

 

5. Our Marketplace

 

Our Marketplace is provided solely as an online venue for Chefs and Customers. We are not a party to any transactions or other relationships between Chefs and Customers. You hereby acknowledge and agree that:

5.1      Customers are not making purchases from Us and are not entering into a contract with Us. A Customer’s purchase is from you, and their contract is with you;

5.2      We will not be a party to any dispute between you and any Customers or another Chef. Any claims must be made directly against the party concerned;

5.3      We do not pre-screen Chefs or Food Products that you advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings; and

5.4      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 own preparation and collection times, and their own prices.

5.5      Our Marketplace presumes that all Orders will be collected by Customers directly from the Chefs and we offer no delivery mechanism.

5.6      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.

 

6. What Can and Cannot be Sold on Our Marketplace

 

6.1      You may only sell Food Products on Our Marketplace that you personally prepare.

6.2      You must not sell any Food Products not personally prepared by you, pre-packed food, tobacco or alcohol.

6.3      We reserve the right to remove any Listing that breaches the provisions of this Clause 6.  We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.

 

7. Descriptions Policy

 

7.1      When selling on Our Marketplace, it is important that all descriptions of Food Products are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible).

7.2      You agree that within all Listings you will set out:

• A full list of ingredients;
• Whether it is suitable for vegetarian or vegan Customers;
• If any Food Product contains (or may contain) any of the following which may cause allergies or intolerances: Gluten; Milk or lactose; Eggs; Peanuts; Other nuts; Celery; Mustard; Sesame seeds; Soya or soybeans; Fish.

7.2      Any photographs that appear in your Listings must provide a full description of the Food Product and must be of your own Food Product.

7.3      you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 8 for more information on intellectual property rights);

7.4      your Listing must not advertise alternate locations from which your Food Products can be purchased (including any other e-commerce sites), thereby avoiding Our Transaction Fees.

 

8. Intellectual Property Rights

 

8.1      The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Marketplace in Listings.

8.2      Chefs must, at all times, respect the intellectual property rights of other Chefs on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

8.3      If you feel that another User (whether they are another Chef or Customer or otherwise) has infringed your intellectual property rights in any way, please contact Us.

8.4      If another party contacts Us accusing you of infringing their intellectual property rights:

8.4.1   We will contact you to inform you of the complaint;

8.4.2   We may remove the User Content that is the subject of the complaint;

8.4.3   if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and

8.4.4   you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.

8.5      Please also refer to sub-clause 23 dealing with Customer Reviews.

 

9. Rules and Acceptable Usage Policy

 

9.1      When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 9. Specifically:

9.1.1   you must ensure that you comply with all statutory requirements relating to the provision of food, beverages and/or services to the general public and comply with all aspects of the Consumer Rights Act 2015 and any other legislation or code of practice or good practice rules and procedures that apply to sellers of good and beverages;

9.1.2   you must ensure that Customers are fully aware of your preparation and collection times, pricing, allergy advice, complaints procedure and that all information contained in Listings is at all times accurate, including information about any ingredients that may cause an allergic reaction;

9.1.3   you must ensure that you comply with all national and local laws and/or regulations that apply to the preparation of and selling of food to Customers;

9.1.4   you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;

9.1.5   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;

9.1.6   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;

9.1.7   you must always provide accurate, honest information about yourself and any and all products that you are selling on Our Marketplace;

9.1.8   you must state the price of the Food Product accurately and clearly, and must not change it in order to avoid paying the applicable Transaction Fee; and

9.1.9   you must not engage in any form of price fixing with other Users (including Chefs and Customers); and

9.1.10 you must have in place, at all time, relevant insurance to cover you for any claim that could be made by a Customer.

9.2      When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:

9.2.1   is sexually explicit;

9.2.2   is obscene, deliberately offensive, hateful, or otherwise inflammatory;

9.2.3   promotes violence;

9.2.4   promotes or assists in any form of unlawful activity;

9.2.5   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;

9.2.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

9.2.7   is calculated or is otherwise likely to deceive;

9.2.8   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;

9.2.9   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 9.2);

9.2.10 implies any form of affiliation with Us where none exists;

9.2.11 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

9.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9.3      We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:

9.3.1   removing your Listing(s) from Our Marketplace;

9.3.2   issuing you with a written warning;

9.3.3   legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

9.3.4   further legal action against you as appropriate;

9.3.5   disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

9.3.6   any other actions which We deem reasonably necessary, appropriate, and lawful.

9.4      We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.

 

10. Transaction Fees

 

10.1     A Transaction Fee of 15% of the Order Value for each Order submitted to you by a Customer through the Site.

10.2     Any and all actions designed to avoid the payment of any fees described in these Terms for (including, but not limited to those described in sub-Clauses 7.4 and 9.1.8) are strictly prohibited.

10.3     We reserve the right to change the Transaction Fees upon the giving of 28 days’ notice.

10.4     If We become registered for VAT We will give you 28 days’ notice.  We will then charge VAT at the prevailing rate on all Transaction Fees after the expiry of that notice.

 

11. Payment Service

 

11.1     All Payments on Our Marketplace are made through the Payment Service provided by Our Third Party Payment Service Provider.

11.2     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.

11.3     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.

11.4     You will need to ensure that you are fully aware of the payment methods accepted through the Payment Service.

11.5     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.

11.6     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.

 

12. Payments from Customers

 

12.1     All payments are processed using the Payment Service described above in Clause 11.

12.2     When a Customer submits an Order and pays for the Food Product, 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 designated bank account/credited to your Payment Service Account within 14 days.

12.3     The Customer will be obliged to pay for the Order in full at the time of submitting an Order.

12.4     We will not make any Buyers’ 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.

 

13. Payments to Us

 

13.1     The Transaction Fees that are payable to Us will automatically be deducted from the payments received from Customers – see Clause 12.2.

13.6     If you believe that We have charged you an incorrect amount, please contact Us immediately.

 

14. Taxes

 

14.1     It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.

14.2     Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.

14.3     Value added tax (“VAT”) may be charged to Customers on purchases.

14.4     If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Marketplace.

14.5     For further information on VAT and other taxes in your location, please contact your local tax authority.

 

15. Collection

 

15.1     You must make the collection address (“Collection Address”) clear within your Listing including a full postal address and postcode, and a contact number.

15.2     You must state whether there are any parking restrictions at the Collection Address or any other information that could affect the Customer’s collection of the Food Product.

 

16. Customer Cancellations

 

You may state in your Listing whether a Customer can cancel an Order, and set the cancellation period.  In the absence of any such information, Customers will not have any right to cancel their Order.

 

17. Problems with Transactions and Customers’ Rights

 

17.1     By law, you must carry out your services (food preparation) 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 Customer.

17.2     If items do not conform with the requirements outlined in sub-Clause 17.1 the Customer must contact you as soon as reasonably possible to inform you of the problem. The Customer 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 Customer, they may have the right to a reduction in price, or even a full refund.

17.3     Refunds (whether full or partial, including reductions in price) under this Clause 17 must be issued within 14 calendar days of the day on which you agree that the Customer is entitled to a refund.

17.4     Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

 

18. Further Transaction Cancellation Rights

 

18.1     You have the right to cancel a transaction and issue a full refund of any sums paid in the following circumstances:

18.1.1 You and the Customer have mutually agreed to cancel the transaction before the Order was collected;

18.1.2 You have chosen to refuse service to the Customer.

18.2     Refunds must be made within 14 days of the date on which you and the Customer agree the cancellation, under sub-Clause 18.1.1 or the date on which you inform the Customer that you are cancelling the transaction, under sub-Clause 18.1.2. In this case, would you refund the Transaction Fee?

 

19. Your Account and Cancellation

 

19.1     You may close your Account and cancel your agreement with Us at any time by following the instructions within your Account.

19.2     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.

19.3     If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:

19.3.1 We have breached these Terms in a material way and fail to remedy the breach within 28 days of you asking Us to do so in writing; or

19.3.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or

19.3.3 We change our service or these Terms to your material disadvantage; or

19.3.4 We are adversely affected by an event outside of Our control (as under sub-Clause 21.2.5).

19.4     We reserve the right to close your Account without notice to you if your Account remains inactive for a period of 6 months or more.

 

20. Our Liability to You

 

20.1     As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Chefs and Customers.

20.2     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.

20.3     Subject to sub-Clause 20.2, 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.

20.4     Without prejudice to clause 20.2 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.

20.5     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.

 

21. Events Outside of Our Control (Force Majeure)

 

21.1     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.

21.2     If any event described under this Clause 21 occurs that is likely to adversely affect Our performance of any of Our obligations to you:

21.2.1 We will inform you as soon as is reasonably possible;

21.2.2 Our obligations under these Terms will be suspended and any time limits that We may be bound by will be extended accordingly;

21.2.3 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.

 

22. Data Protection

 

22.1     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.

22.2     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.

22.3     As a Chef, you will also collect, hold, and process Customers’ personal information in the course of transactions (for example, Customers’ names, 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 Buyers’ rights under the GDPR. You must only use the personal data of other Users (whether they are Chefs or Customers) 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.

22.4     If a Chef and Us are found to be joint data controllers of any Customer’s’ personal data, and We are sued, fined, or otherwise incur any expense because of something you have done with a Customer’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.

 

23. Customer Reviews

 

23.1     Subject to Condition 23.2, We will publish Customer reviews on the Site.

23.2     We will not monitor Customer reviews which shall automatically be published without prior notice to Chefs.  If you  object to the contents of a Customer review, you must notify Us of such objection in writing within 14 days of publication of the Customer review on the Site providing any evidence supporting your contrary views/objections.

23.3 We will consider the objections of a Chef notified to Us in accordance with clause 23.2 and any decision to remove the relevant Customer review will be at Our absolute discretion and that decision is final. Any Customer review that cannot be proved to the contrary shall stand as the reasonable opinion of the Customer.

23.4 Notwithstanding clause 23.3, subject to vetting by us, a Chef may reply to any Customer review and We agree to provide the Chef with the relevant Customer’s Order details in order to do so.

23.5  We will not monitor Customer reviews but if We are made aware of any Customer 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.

23.6 If, in Our reasonable opinion, Customer reviews reflect low standards of the Chef, the Chef’s services or Food Products, We reserve the right to investigate any such Customer reviews and/or may suspend or terminate this Agreement immediately on the provision of written notice to the Chef.

 

24. Ranking

 

We may determine the ranking of any Chef or Listings at Our absolute discretion.

 

25. Other Important Terms

 

25.1     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.

25.2     You may not transfer (assign) your obligations and rights under these Terms without Our express written permission.

25.3     If any of the provisions of these Terms are 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.

25.4     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.

25.5     We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms are to your material disadvantage, you may cancel as set out in sub-Clause 19.3.3.

 

26. Law and Jurisdiction

 

26.1     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.

26.2     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.