Last Updated: 11 January 2018
Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations as an independent private home cook using the GetFed Site (defined below). By using the GetFed Site, you agree to comply with and be bound by these Terms and Conditions.
Whilst GetFed (defined below) offers you high-level guidance on applicable food health and safety rules, if you choose to use GetFed, you do so voluntarily and at your sole responsibility and risk. The Site is provided “as is”, without warranty of any kind, either express or implied.
If you are a Customer, please ensure you read GetFed's Terms & Conditions of Service available [here] as these apply to you.
Unless otherwise stated, any reference to a paragraph is to a paragraph of these Cook Terms.
In the event of a conflict between these Cook Terms and any other terms and conditions between you and GetFed (defined below), these Cook Terms shall prevail.
- INFORMATION ABOUT US & CONTACT INFORMATION
- Company details: GetFed.net is a website operated by NeighbourhoodFood Limited ("we" or "us" or "GetFed"), a private limited company incorporated and registered in Scotland with registered number SC560411, whose registered office is at c/o CMS Cameron McKenna Nabarro Olswang LLP, 1 West Regent Street, Glasgow, Scotland G2 1AP. GetFed is not a food business operator and is not subject to food business establishment registration.
- How to contact us: You can contact us by writing to our Home Cook support team at Support@getfed.net.
- How we may contact you: If we have to contact you we will do so by telephone, text message or by writing to you at the e-mail address or postal address you have provided to us.
- Scope of services:
- We provide an online marketplace platform which enables you to sell your Meals using the Site and to communicate and transact directly with Customers that are seeking to purchase your Meals. GetFed markets Meals on behalf of Home Cooks, concludes orders on their behalf and may at its and/or a Home Cook's discretion (and only where this option is available on the Site) deliver Meals to Customers. As the provider of the Site, GetFed does not own, create, sell, resell, provide, control, test, manage, supply or offer any Meals.
- You alone, as a Home Cook, are responsible for all aspects of the Meals you create and sell using the Service. When a Customer places an order for one of your Meals using the Site (“Order”), you are entering into a contract directly with the Customer. GetFed is not and does not become a party to or other participant in any contractual relationship between you, in your capacity as a Home Cook, and Customers ordering Meals from you using the Site, nor is GetFed a food business or insurer to you in your capacity as a Home Cook. GetFed is not acting as your agent in any capacity for you or any other Site user, except as is specified within these Cook Terms.
- Should you, in your capacity as a Home Cook, believe you are exceeding the Home Cook Status parameters set out in paragraph 3.3 below, you may require to register as a “food business” with your local authority and you acknowledge and agree that it is your sole obligation to do this. Further guidance is available from your local authority in this regard.
- Whilst we may help facilitate the resolution of disputes, GetFed has no control over and does not guarantee: (i) the quality, safety, sustainability, or legality of any of your Meals or any other services you are providing to Customers, including the delivery service provided by you or any third party delivery provider; (ii) the truth or accuracy of any of your Meal descriptions or any other content contained on your Profile (defined in paragraph 5.4.1 below), including Ratings (defined at paragraph 8.3 below) or other Home Cook or Customer content; or (iii) the performance or conduct of any Customer or third party. GetFed does not endorse any Customer, delivery service or any other service it provides. Any reference to a Customer as being “verified” (or similar language) only indicates that the Customer has completed a relevant verification or identification process in respect of registering with GetFed and nothing else. Any such description is not an endorsement, certification or guarantee by GetFed about any Customer, including of the Customer’s identity or background or whether the Customer is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to accept an Order or communicate and interact with any Customer, whether online or in person.
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations (please refer to paragraph 6.10 in respect of tax) that may apply to your use of the Site as a Home Cook. In particular, although GetFed will use its reasonable endeavours to provide you with information and guidance relating to food health and safety, you acknowledge and agree that it is your sole responsibility to ensure that you are compliant with all relevant food safety legislation For further information, please refer to the welcome pack you were given when you registered as a Home Cook on the Site. A copy of the welcome pack is available [here].
- Purpose: The purpose of our Service to you is to provide a simple and convenient service to you, linking you with Customers and allowing you to sell your Meals to them. GetFed markets Meals on your behalf to Customers using the Site.
- Service availability: GetFed offers an ordering and (subject to your user preferences) optional delivery service on your behalf. You may only use the Service to Market your meals if you are selling your Meals from a postcode area set out in Appendix 1 to these Site Terms. Such geographical extent is subject to change during and following GetFed’s trial period at the sole discretion of GetFed. Where Meals are being delivered, each Home Cook has a prescribed delivery area. Customers will only be able to Order a Meal from you if they are placing an Order from within your prescribed delivery area. This is to ensure that your Meals reach Customers when they are at their best. If a Customer lives outside your prescribed delivery area, they will not be able to place an Order with you. The ability for Customers to place an Order for your Meal(s) will be at your sole discretion using the options presented on the Site. In other words, you are free to accept or reject Orders.
- Copyright/Trademark Information: ‘GetFed’ is a Copyright of Neighbourhoodfood Limited. All rights reserved. All trademarks, logos and service marks (“Marks”) which are displayed on the Site are registered with the UK Intellectual Property Office and the European Union Intellectual Property Office or are otherwise held by GetFed or other third parties are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Please contact us in accordance with paragraph 1.2 for further information regarding copyright/trademark information.
- USE OF SERVICES AND TERMS
- Acceptance of terms: By accessing any part of the Site and/or Services, you indicate that you accept these Cook Terms. If you do not accept these Cook Terms, you should leave the Site immediately, and you will not be able to use the Service. If you have any questions relating to these Cook Terms please contact our Home Cook support team in accordance with paragraph 1.2 above before using the Service. If you do not accept the Cook Terms in full, please do not use the Site or our Service.
- Conflict of terms: Any terms and conditions you include in marketing and selling your Meals using the Site, in particular in relation to cancellations, must not conflict with these Cook Terms or the cancellation policy you have selected for your Meals. Should any conflict arise, the terms contained within these Cook Terms shall prevail.
- Application Terms and Google Maps/Earth Mapping Services:
- Your use of the App is also subject to other terms and conditions, including without limitation (where applicable) the Apple Media Services Terms and Conditions or the Google Play Terms of Service for your applicable jurisdiction, available here:
Apple Media Services Terms and Conditions:
Google Play Terms of Service: https://play.google.com/intl/en_uk/about/play-terms.html.
If you access or download the App, you acknowledge and agree that it is your sole responsibility to comply with these terms and conditions, together with any other terms relevant to your use of the App.
- Some areas of the Site implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service (https://www.google.com/help/terms_maps.html).
If you access or download the App, you acknowledge and agree that it is your sole responsibility to comply with these terms and conditions, together with any other terms relevant to your use of the Google Maps/Earth application.
- Revision of terms: We may revise these Cook Terms at any time by amending the webpage where these Cook Terms are held. You should check the Site regularly to review the current Cook Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you use the Service to market a Meal.
- Responsibility: You are responsible for making all arrangements necessary for you to have access to the Site.
- YOUR STATUS
- Capacity and age: By using the Service, you warrant that:
- You are legally capable of entering into binding contracts;
- If you reside in Scotland, you are at least 16 years old; and
- If you reside elsewhere in the UK, you are at least 18 years old.
- Alcohol, Cigarettes and Illegal Substances: You acknowledge and agree that you shall not sell anything other than Meals whilst using the Site and Services and for the avoidance of doubt, you shall not sell alcohol, cigarettes or any illegal substances to any Customer in conjunction with your use of the Site or the Service.
- Independent private Home Cook: GetFed is providing the Services to Home Cooks in their capacity as independent private home cooks (“Home Cook Status”), who, without limitation:
- sell their excess food using the Services which was primarily produced for domestic purposes; and/or
- make food as a hobby; and/or
- are not selling Meals on a consistent or frequent basis; and/or
- are not carrying out their activity in a business-like manner.
- Should it transpire that you, in your capacity as a Home Cook, no longer hold what GetFed considers to be Home Cook Status, GetFed reserves the right to terminate your use of the Site and Services and suspend your Account.
- Account Creation: In order to use the Services, you must register for a Home Cook account (“Account”) and provide certain information about yourself as prompted by the account registration form.
- Accurate and up-to-date Information: All the registration information you submit to the Site or provide us must be truthful, accurate and complete. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will promptly update that information to maintain its accuracy.
- What to do if you want to delete your Account: You can delete your Account at any time, for any reason, by following the instructions on the Site. At this point, we should remind you that we also have certain rights to suspend or terminate your account (please refer to paragraph 15 for further information).
- You are responsible for your Account: You are responsible for maintaining the confidentiality of your Account log-in information (including your password). Accordingly, you are responsible for all activities that occur under your Account.
- What to do if you become aware of, or suspect, unauthorised use of your Account: You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of security.
- One Account: You may not register more than one (1) Account unless GetFed authorises you to do so. You may not sell, assign or otherwise transfer your GetFed account to another party.
- THE SERVICE
- The Service: GetFed provides the Service which enables you to market and sell your Meals though the Site and other physical and electronic media (together the "Materials").
- Facilitation and authorisation: GetFed, through the Materials, will facilitate the ordering process between a Customer and Home Cook and you hereby authorise GetFed to conclude sales with Customers on your behalf.
- Home Cook relationship with GetFed: Your relationship with GetFed is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of GetFed for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit of GetFed.
- Home Cook use of the Service:
- Menu items: As a Home Cook, you may add, edit and delete any Meals to/from your Home Cook profile on the Site (“Profile”) at any time, providing that you may not make any changes to a Meal once a Customer has placed an Order in respect of such Meal.
- Interaction with Customers:
- Questions: If a Customer has any questions or queries regarding an Order, a Customer will (in the first instance) contact you directly to answer their questions or queries. You acknowledge and agree that you shall respond to any Customer questions or queries within a reasonable period of time and in a truthful, accurate and complete manner.
- Complaints: If a Customer sends you a complaint regarding an Order or Meal, you acknowledge and agree that you will deal with such complaint in a professional manner in an attempt to reach an amicable resolution. Should you be unable to resolve a Customer Complaint within 24 hours, you may contact us in accordance with paragraph 1.2 above to offer guidance in relation to the resolution of such complaint. GetFed will use its reasonable endeavours to assist in the resolution of any Customer Complaint in such circumstances. Please also refer to "Compensation" at paragraph 6.9.
- Delivery: Subject to such options being available on the Site (and at the sole discretion of GetFed), you may deliver your Meals to Customers using the following delivery methods and you acknowledge and agree that you have read and will fully comply with the obligations contained in paragraph 6.8 below of these Cook Terms (relating to distance selling):
- Third party delivery provider: A third party delivery provider (the “Delivery Provider”) may deliver food on a Home Cook’s behalf if this option is enabled by the Home Cook when using the Service. The Delivery Provider will deliver Meal(s) to the Customer using the Delivery Provider’s designated delivery drivers. GetFed is not responsible for the performance of any Delivery Provider, nor takes any responsibility for their area of coverage;
- Home Cook delivery: A Home Cook may independently deliver Meals to Customers. The Home Cook is solely responsible for such method of delivery and acknowledges and agrees that it is their sole responsibility to ensure that they hold any required insurances or permissions in order to undertake this method of delivery. You also acknowledge and agree that you will deliver Meals to customers in accordance with the parameters given on the Site and you shall acknowledge completion of an order promptly following delivery using the App; or
- Customer collection: A Home Cook may offer Customers the option to collect Meals directly from the Home Cook’s residence or at another pre-agreed location. It should be noted that GetFed shall not be responsible for this method of delivery and this method of delivery should only be undertaken by Home Cooks whilst exercising due diligence and care. If you have any concerns regarding this method of delivery, please contact our Home Cook support team to address such concerns before using this method of delivery. You acknowledge and agree that you shall acknowledge completion of a customer collection promptly following their collection of an Order.
- In using the Services, GetFed highly recommends that you, in your capacity as a Home Cook, obtain appropriate insurance in respect of any Meal(s) you sell and in respect of any other services you provide (i.e. delivery). Please review any respective insurance policy carefully (including any insurance policy available from GetFed’s suggested third party insurance provider), and in particular, make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to whether or not your insurance policy will cover the actions or inactions of you and Customers (and the individuals the Customer has placed an Order for, if applicable) whilst using the Services.
- During GetFed's trial period, you will be prompted to accept insurance coverage during your sign-up process. Such insurance policy is being provided at the expense of GetFed. Contact the Home Cook support team in accordance with paragraph 1.2 for details on how to obtain a copy of this insurance policy should you not already hold a copy. GetFed are not a party to any such insurance policy and any and all compliance with its terms, including when making any claim, shall be your sole responsibility, risk and expense.
- HOME COOK OBLIGATIONS
- Home Cook status:
- In accordance with paragraph 3.3 above, you acknowledge and agree that should your Home Cook Status change (please see paragraph 3.3 above regarding what constitutes “Home Cook Status”), you will be solely responsible for registering as a food business with your respective local authority, and all applicable laws.
- In accordance with paragraph 6.1.1 above, you shall procure and maintain in force any such permits, certificates, registrations, licences and approvals and comply with all laws, regulations and industry best practices as are applicable in carrying out food activities (and, if applicable, as a food business) in connection with these Cook Terms. We would also highly recommend you ensure you are complying with food health and safety best practice.
- You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations (please refer to paragraph 6.10 in respect of Taxes) that may apply to your use of the GetFed platform.
- Entry into legally binding agreement with Customer: Subject to your right to reject an Order in accordance with these Home Cook terms, when a Customer places an Order for a Meal which you have accepted, you are entering into a legally binding agreement with the Customer and are required to provide the Meal (together with any applicable delivery and other selected services which you have agreed to provide) to the Customer as described in your Meal listing when the Order is made. You also agree to pay the applicable Fees (please refer to paragraph 7.1 below for Fees) and any applicable Taxes, which will be collected pursuant to paragraph 7.1 below.
- Creation of a Meal listing: When creating a listing on your Profile you must: (i) provide complete and accurate information about your Meal(s) and any services associated with your Meals (including, without limitation, Meal description, Meal Information (defined in paragraph 6.4 below) key ingredients, dietary suitability, allergens, location, availability and delivery); (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum Customer age, proficiency or dietary requirements); and (iii) provide any other pertinent information requested by GetFed. You are solely responsible for keeping your Meal and other listing information (including Order availability) up-to-date at all times.
- Details of ingredients: We require Home Cooks to accurately detail the ingredients (together with quantities used), descriptions, prices, heat and allergenic warnings and any other relevant information ("Meal Information") from the Meals that are marketed on the Site by Home Cooks. It is the Home Cooks who are responsible for providing the Meal Information and ensuring that it is factually accurate and up-to-date. GetFed does not undertake any such responsibility under any circumstances. If you are in doubt about allergy warnings, the contents of a dish or any other Meal Information, you should confirm such details before marketing a Meal on your Profile. If you are in any doubt, please do not market the Meal. Please do not use this Service to Market any Meals which contain nuts.
- Pictures, animations or videos (collectively, “Images”): Images used in your Meal listings must accurately reflect the quality and condition of your Meals. GetFed reserves the right to require that Meal listings have a minimum number of Images of a certain format, size and resolution.
- Availability and descriptions of Meals: You shall not add to your Profile or advertise any Meal, or portions of a Meal, for sale unless such Meal / the correct number of portions thereof are available for sale and delivery (if selected) within the Order period given on your Profile. All Meals sold must accurately match the Meal Information and other description given by the Home Cook.
- Communicating with Customers: You will interact with Customers in accordance with paragraph 5.4.2 above and ensure you regularly update Customers of any Order delays, cancellation, changes to Orders or otherwise.
- Distance food selling and use of GetFed Meal packaging:
- All foods must be delivered to Customers in a way that ensures that they do not become injurious to human health or unfit for human consumption.
- You should send Meals to Customers in GetFed supplied and approved packaging only. Meals should be fully sealed so as to protect them during transit.
- When you sell Meals via the internet, the Meals you sell are subject to UK food laws – in particular, please refer to guidance on general food law (safety, traceability, withdrawal and recall), hygiene and labelling. You should bear in mind in particular when considering the safety aspects of selling Meals by distance selling the condition which the Meals are likely to be in when they reach the Customer.
- Compensation: If a Customer is dissatisfied with the quality of any Meals or the service provided by you, in your capacity as a Home Cook, and wishes to seek a refund, a proportionate price reduction or any other compensation, you should in the first instance correspond with the Customer directly regarding their complaint and, where appropriate, offer the Customer an appropriate level of compensation. If you are unable to resolve a Customer’s request for compensation, or the Customer is unable to reach a resolution with you, please contact our Home Cook support team in accordance with paragraph 1.2 as soon as possible and we will either: (i) provide you with guidance on resolving the issue; or (ii) contact the Customer in order to resolve the matter on your behalf. Please note that we reserve the right to offer a Customer compensation on your behalf and we assume no liability to you for providing any compensation we deem to be appropriate to a Customer on your behalf.
- As a Home Cook, you are solely responsible for determining your obligations to report, collect, remit or include in your Meal listings any applicable VAT, other indirect sales taxes or income taxes (“Taxes”).
- Tax regulations may require us to collect appropriate Tax information from Home Cooks, or to withhold Taxes from payouts to Home Cooks, or both. If a Home Cook fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
- FEES, PAYMENT AND PRICING
- GetFed Fees: GetFed shall be entitled to 12.5% of the gross value of any Order (incl. VAT) paid by a Customer by way of fees in respect of the Service provided by it in accordance with these Cook Terms (the "Fees"). Such Fees shall be collected by GetFed following the placing of an Order.
- Home Cook delivery fees and payment:
- Delivery fee: If you, in your capacity as a Home Cook, are delivering Meals to a Customer in accordance with paragraph 5.5.2, you shall be entitled to a £2 delivery fee and you shall be entitled to retain 100% of this fee. Such delivery fee will be added to an Order total and paid to you in accordance with paragraph 7.2.2 below. If a Delivery Provider is delivering the Meal(s) on your behalf, GetFed shall retain any applicable delivery fee and arrange for this to be paid to the Delivery Provider.
- Payment: Any payment to be made to a Home Cook following all applicable deductions contained in these Cook Terms shall be made to the Home Cook within 14 days of the completion of the respective Order. You, in your capacity as a Home Cook, agree that any payment you receive from Customers is only to compensate you for the ingredients used and a reasonable cost for any time you spend in preparing Meals and not for the specific objective of generating a profit or for any other business related purposes. Such payment is being awarded to you in your capacity as a Home Cook in accordance with your Home Cook Status.
- Price: You are solely responsible for setting a price (including any Taxes if applicable) for your Meal(s). Once a Customer places an Order for your Meal(s), you may not request that the Customer pays a higher price than that given in your Meal listing or your Profile.
- VAT and delivery costs: Prices will be as quoted on the Services. These prices include VAT (if applicable) but may exclude delivery costs. VAT and delivery costs will be added to the Customer’s total amount due where applicable.
- Incorrect pricing: Should you overcharge a Customer for a Meal, you should contact us in accordance with paragraph 1.2 above to rectify the overcharge paid by the Customer.
- Payment authorisation: You acknowledge and agree that we are authorised to accept payment from Customers on your behalf and payment of the price of an Order to us will discharge a Customer’s obligations to pay such price to you.
- Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions and this may result in payments taking up to sixty (60) days to be deducted from a Customer’s account. This may result in a delay in us paying you in accordance with paragraph 7.2.2.
- HOME COOK SUPPORT
- General: Supporting Home Cooks is extremely important to us. Subject to paragraph 13, our Home Cook support team will therefore try to assist you wherever possible if you have any problems using the Services and/or the Site. You can contact our Home Cook support team by contacting us in accordance with paragraph 1.2 above.
- Changing or cancelling an Order: If a Customer wishes to change or cancel an Order after it has been submitted and payment has been authorised, the Customer may contact our customer support team or attempt to contact you directly in order to communicate this request. If you have started to or prepared an Order, you will have the sole discretion as to whether to agree to change or cancel the Order. If the Order has not yet been prepared and reasonable notice to change or cancel an Order has been given by a Customer, you are required to comply as far as is reasonably possible with any such request.
- Complaints or feedback:
- Within a certain timeframe after completing an Order, you can (following the completion of Get Fed’s trial period) leave a public rating (“Rating”) regarding your experience with a Customer. Any such Ratings reflect your opinions and do not reflect the opinion of GetFed. Ratings are not verified by GetFed for accuracy and may be incorrect or misleading.
- Ratings by Home Cooks of Customers must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings must comply with and are subject to the terms of paragraph 11 below.
- You are prohibited from manipulating the Ratings system in any manner, such as instructing a third party to provide a positive or negative Rating about a Customer and/or you.
- In the event that you are particularly pleased with or dissatisfied with a Customer, please consider providing a Rating to reflect your experience. The Ratings are an important part of our quality control process.
- Terms of permitted use: You are permitted to use the Site and print and download extracts from the Site for your own personal non-commercial use on the basis that the licence is:
- non-transferable – you can’t pass this right to someone else;
- non-exclusive – other people can access and use the Site;
- irrevocable – we have the right to remove your ability to use the Site in accordance with the Cook Terms; and
- limited – the licence does not extend beyond what has just been described above.
- Certain Restrictions: The rights granted to you in these Cook Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site, GetFed’s property that is comprised in the Site and other users’ Home Cook Material (please refer to paragraph 11 below). In particular, you agree that your use of the Site is subject to the following restrictions:
- You must not misuse the Site (including by hacking or scraping).
- Unless otherwise stated, the copyright and other intellectual property rights in the Site and in material published on it (including without limitation photographs and graphical images) are owned by GetFed or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Cook Terms, any use of extracts from the Site other than in accordance with paragraph 9.1 is prohibited. Neither these Cook Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in these Cook Terms. GetFed and its suppliers reserve all rights not granted in these Cook Terms. There are no implied licences granted under these Cook Terms.
- You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 9.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- You must ensure that our status as the author of the material on the Site is always acknowledged.
- You are not allowed to use any of the materials on the Site or the Site itself for commercial purposes without obtaining a licence from us to do so.
- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site.
- You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise than as permitted by applicable law for interoperability purposes.
- You shall not access the Site in order to build a similar or competitive website, product, or service.
- Except as expressly stated in these Cook Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
- Limitation on use: Except as stated in paragraph 9.1, the Site may not be used, and no parts of the Site may be reproduced or stored in any other Site or included in any public or private electronic retrieval system or service, without our prior written permission.
- Reservation of rights: Any rights not expressly granted in these Cook Terms are reserved.
- SERVICE ACCESS
- Site availability: While we try to ensure the Site is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Site is unavailable at any time or for any period. The Site is provided over the Internet and so the quality and availability of the Site may be affected by factors outside our reasonable control (such as your broadband speed). Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Site or for any loss of material, data, transactions, Orders or other information caused by system outages (whether planned or unplanned) or any other reason. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband and computer hardware, equipment and services needed to access and use the Services, and for paying any data charges that may be charged to you by your network provider in connection with your use of the Services.
- Suspension of access: Access to the Site may be suspended temporarily at any time and without notice.
- Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk.
- No support or maintenance: Subject to Home Cook support in relation to your Orders as described above/below, you acknowledge and agree that GetFed will have no obligation to provide you with any support or maintenance in connection with the Site.
- Ownership: Excluding any Home Cook Material (defined in paragraph 11.1.1 below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by GetFed, GetFed’s suppliers or, in the case of other users’ Home Cook Material, other users of the Site. Neither these Cook Terms nor your access to the Site transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in these Cook Terms. GetFed and its suppliers reserve all rights not granted in these Cook Terms. There are no implied licences granted under these Cook Terms.
- HOME COOK MATERIAL AND Ratings
- You represent and warrant that that any Home Cook Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 11.2 to 11.3 below.
- You acknowledge and agree that Customers may leave Ratings on the Site regarding their experience in placing an Order with and receiving a Meal from you together with any associated services which you provide to such Customer. You acknowledge and agree that such Ratings may be published on the Site and that such Ratings are fully independent from the views and beliefs of GetFed.
- Home Cook Material Policy: You are prohibited from posting, uploading or transmitting to or from the Site any Home Cook Material (including any Ratings) that:
- breaches any applicable local, national or international law;
- is unlawful or fraudulent;
- amounts to unauthorised advertising; or
- contains viruses or any other harmful programs.
- Home Cook Rating Policy: In particular (but without limitation), any Rating that you submit through the Site must not:
- contain any defamatory, obscene or offensive material;
- promote violence or discrimination;
- infringe the intellectual property rights of another person;
- breach any legal duty owed to a third party (such as a duty of confidence);
- promote illegal activity or invade another's privacy;
- give the impression that they originate from GetFed; or
- be used to impersonate another person or to misrepresent your affiliation with another person.
- GetFed hereby grants to the Home Cook a non-exclusive, royalty-free licence for the term of these Cook Terms to use its pictures, recipes and/or name and/or website address for the purposes of advertising GetFed. Except as provided in this paragraph 11.5, nothing in these Cook Terms shall cause any other party to acquire, or entitle any other party to use, any intellectual property of GetFed.
- The following sub-paragraphs constitute our “Acceptable Use Policy”:
- Protection of our reputation and third party rights: You agree not to use the Site to collect, upload, transmit, display, or distribute any Home Cook Material (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, delictual (to be determined in accordance with paragraph 19), threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, bullying or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- Protection of our systems: In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- Removal of Ratings: The prohibited acts listed in paragraphs 11.2 and 11.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Ratings or other Home Cook Material posted, uploaded or transmitted to the Site or any part thereof that we determine breaches the Cook Terms, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
- Use of Ratings: The Ratings and other Home Cook Material contained on the Site are for information purposes only and do not constitute advice from us. Ratings and Home Cook Material reflect the opinions of Home Cooks who have used the Services to sell their Meals to Customers, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Ratings or other Home Cook Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
- Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Ratings or other Home Cook Material in breach of paragraph 11.2 or 11.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
- Home Cook Meal listings: The placement and ranking of Meal listings in search results on the GetFed platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Home Cook requirements, price and Meal availability, Meal Information, number and quantity of Images (defined at paragraph 6.4 above), Ratings, type of Home Cook service (i.e. delivery requirements), and/or ease of placing an Order.
- LINKS TO AND FROM OTHER WEBSITES
- Third party websites: Links to third party websites on the Site are provided solely for your convenience. If you use these links, you will leave the Site. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
- Linking permission: You may link to the Site's homepage (GetFed.net), provided that:
- you do so in a fair and legal way which does not damage or take advantage of our reputation;
- you do not establish a link from a Site that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
- any Site from which you link must comply with the content standards set out in these Cook Terms (in particular paragraph 11 (Home Cook Materials and Ratings)); and
- we have the right to withdraw your linking permission at any time and for any reason.
- Site information: While we try to ensure that information on the Site is correct, we do not promise it is accurate or complete. We may make changes to the material on the Site or to the Service, at any time without notice. The material on the Site may be out of date, and we make no commitment to update that material.
- Home Cook actions and omissions: The legal contract for the supply and purchase of Meals is between you and the Customer that places an Order with you. We have no control over the actions, omissions or the behaviour of any Customer.
- OUR LIABILITY TO YOU
- Exclusion of terms: We provide you with access to the Site and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Site and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Site or Service, or be otherwise implied or incorporated into these Cook Terms, by statute, common law or otherwise). Nothing in these Cook Terms affects your statutory rights.
- General: Nothing in these Cook Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Cook Terms affects your statutory rights (where applicable).
- Exclusion of liability: Subject to paragraph 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence) or delict (to be determined in accordance with paragraph 19), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Site (including the use, inability to use or the results of use of the Service or the Site). The Site and Services are only available for domestic and private use. If you use the Site and Services for commercial purposes, GetFed accepts no liability for any losses you may suffer irrespective of how they arise.
- Limitation of liability: Subject to paragraph 14.2, our total liability to you in respect of all other losses arising under or in connection with the Services, whether in contract, tort (including negligence) or delict (to be determined in accordance with paragraph 19), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of the Meals that you have sold in the previous 12 months.
- Unauthorised Access: We will not be responsible for any loss or damage incurred as a result of unauthorised access to your Account which is not within our reasonable control.
- Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Site, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
- Home Cook Liability: Subject to paragraph 14.1, you acknowledge and agree that GetFed shall not be liable for any losses arising out of or relating to the Meals or your use of the Service and that any such liability is that of your own in your capacity as a Home Cook. The Home Cook shall be solely responsible and liable and to the maximum extent permitted under applicable law and shall release, defend and hold GetFed, its affiliated and related entities, and any of its respective officers, directors, agents and employees (the “Indemnified Parties”), harmless from and against any losses arising out of or relating to any of the following:
- any breach by the Home Cook of these Cook Terms;
- Home Cook obligations in respect of Taxes;
- any claims against GetFed from Customers or any third party relating to, or arising (directly or indirectly) from the description, quality, content or packaging of the Meals or any other Meal Information, including without limitation, allegations or claims:
- 220.127.116.11.that the respective Meal does not correspond with the descriptions and Meal Information given (including, without limitation, indications that particular Meals are wheat free, gluten free, nut free, dairy free, or are suitable for vegetarians and/or vegans);
- 18.104.22.168.that the Meal is improperly cooked or is not otherwise fit for consumption or palatable;
- 22.214.171.124.that the Meal has not been appropriately packaged; or
- 126.96.36.199.Any illnesses that a Customer contracts from any Meal(s).
- We maintain the right to control our own defence and to choose and appoint our own legal representation, regardless of the presence or absence of a conflict of interest between the parties. Your duty to indemnify us and hold us harmless includes the duty to pay our reasonable legal fees and costs on a full indemnity basis. In addition to any other rights or remedies set forth herein, we may offset any amounts due or payable by you pursuant to these Cook Terms against any amounts due or payable by us pursuant to these Cook Terms.
- You shall be solely responsible and liable for any complaints or claims against GetFed from Customers that the food is cold on delivery (save where, and to the extent, that this is as a result of any Delivery Provider’s failure to deliver the food within a reasonable time; for the avoidance of doubt, delivery within 30 minutes of pick-up from the Home Cook shall be deemed to be within a reasonable time).
- GetFed’s aggregate liability for all claims in a contract year in any manner arising out of, relating to, or occurring in connection with this agreement, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed an amount equal to the total amount paid by the Customers to GetFed in respect of the Home Cook’s Meals in the calendar year in which such claims arise.
- GetFed will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms of these Cook Terms, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by GetFed's delivery providers, agents or otherwise) in connection with the performance of its obligations under these Cook Terms.
- TERM AND TERMINATION
- Duration of Terms: These Cook Terms will remain in full force and effect while you use the Site and our Services.
- When we might suspend or terminate your Account or Site access: We may suspend or terminate your rights to use the Site and the Services (including your Account) at any time for any use of the Site and Services in violation of these Cook Terms.
Either party may terminate these Cook Terms by giving written notice to the other party:
- Excluding paragraph 7.7, if any sum owing to that party under any of the provisions of these Cook Terms is not paid within twenty-one (21) days of the due date for payment;
- if the other party commits any material breach of any of the provisions of these Cook Terms and, if the breach is capable of remedy, fails to remedy it within seven (7) days after being given written notice giving full particulars of the breach and requiring it to be remedied; or
- on giving the other party not less than thirty (30) days’ written notice.
- Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Site and your Account and right to access and use the Site and the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your Material associated with your Account from our live databases – for this reason, we recommend you back up your Materials.
- What terms will continue after these Terms have been terminated? Even after your rights under these Cook Terms are terminated, the following provisions of these Cook Terms will remain in full effect: Paragraphs 9.2 to 9.4 and 11 to 19.
- WRITTEN COMMUNICATIONS
- Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site or the Services you accept that communication with us will be mainly by electronic methods. We will contact you by e-mail or provide you with information by posting notices on the Site.
- For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Cook Terms that is caused by events outside our reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- traffic, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under these Cook Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Cook Terms may be performed despite the Force Majeure Event.
- ADDITIONAL TERMS
- Severance: If a court finds part of these Cook Terms illegal, the rest will continue to have full force and effect. If any of these Cook Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions of these Cook Terms which will continue to be valid to the fullest extent permitted by law.
- Entire agreement: These Cook Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
- No waiver: Even if we delay in enforcing these Cook Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Cook Terms, or if we delay in taking steps against you in respect of your breaking these Cook Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Assignment: We may transfer these Cook Terms to someone else. You may not transfer any of your rights or obligations under these Cook Terms without our prior written consent. We may transfer any of our rights or obligations under these Cook Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
- Third party rights: These Cook Terms do not confer on any person other than you and us any right to enforce or otherwise invoke any term of these Cook Terms under the Contract (Third Party Rights) (Scotland) Act 2017, Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Non-Disparagement: In order to protect the legitimate business interests of GetFed, you covenant with us that you shall not at any time, say anything which may be harmful to the reputation of GetFed, whether defamatory or otherwise. Should you be experiencing any issues with GetFed, please contact us in accordance with paragraph 1.2 above.
- Headings: The headings in these Cook Terms are included for convenience only and shall not affect their interpretation.
- GOVERNING LAW AND JURISDICTION
- If you reside in Scotland, these Cook Terms shall be governed by and construed in accordance with Scots law. Disputes or claims arising in connection with these Cook Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.
- If you reside elsewhere in the UK, these Cook Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Cook Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
The Service is presently restricted to Home Cooks using the Service in the following postcode areas:
G 1 3
G 2 1
G 2 2
G 2 4
G 2 5
G 2 6
G 2 8
G 5 8
G 1 4
G 1 1
G 1 5
G 11 6
G 4 9
G 41 1
G 2 3
G 12 8
G 3 8
G 3 7
G 31 2
G 11 5
G 51 1
G 3 6
G 42 8
G 42 7
G 40 1
G 20 6
G 20 7
G 41 3