Terms and conditions

1. Introduction

1.1 This Site (as defined below) is owned and operated by Flockspot Internet Ltd. (the "Company"). We are registered in the UK ("England and Wales") under the company number 9507639. Our registered office is at Flat 4, 4 Eversholt Street, London, England, NW1 1BR. Other contact details are specified here.

1.2 Please read these terms and conditions (the "Terms") carefully. They cancel and replace any previous versions. By using the Site (as defined below) or the Services (as defined below) you hereby represent, warrant, understand, agree to and accept these agreements ("Terms" or "Terms and Conditions") in their entirety whether or not you registered as a user of the Site or Services ("User"). You are responsible of keeping a file copy of the Terms and we cannot guarantee that they will remain accessible on our Site in future.

1.3 If you enter any prize competitions or promotions on the Site Platform, separate terms may also apply in addition to these Terms. In the event of a conflict between any additional terms and conditions and these Terms, the additional terms will prevail to the extent of the conflict.

1.4 Where you communicate on behalf of a company or organisation, you promise that you have authority to act on behalf of that entity.

1.5 These Terms do not entirety cover the terms and conditions on which we engage our Chefs. Separate terms can be provided in addition to these Terms.

2. Key Terms

2.1 Capitalised terms have the following meanings in these Terms:

3. Terms of Use

3.1 The Services you can book via the Site are sold by our Chefs and not us. We are only responsible for arranging the bookings and dealing with payments.

3.2 The terms and conditions comprise a contract between you and us regarding the use of our Site in accordance with the terms in this Clause 3 and a separate contract between you and the Chef (and not with us) regarding supply of Services to you in accordance with the terms in the Clause 4.

3.3 While we may attempt to assist with resolution of any complaint or dispute, you acknowledge that any legal recourse against the Service arising is against the Chef and not against us, notwithstanding anything to the contrary in this agreement or on our Site.

3.4 We do not accept legal responsibility for any acts or omissions of the Services offered.

3.5 You may not, whether by yourself or anyone on your behalf:

4. Supply of Services

4.1 Your order is an offer which is only accepted when it is fully booked in advance and we send you an email on behalf of your selected Chef confirming your order.

4.2 You agree to treat Chefs courteously and lawfully. You agree to provide a safe and appropriate working environment in compliance with all applicable laws and regulations and that you will provide reasonable co-operation to enable them to supply their Services.

4.3 You agree to communicate any complaints to us and not the Chefs. We will then contact the Chef and try to resolve any issues on your behalf. You agree to comply with our complaint and other policies on our Site as may be varied from time to time.

4.4 You agree that for two years after the first Booking of the Services for a particular Chef you will not to book any service from him or her other than via our Site.

4.5 You agree to not contact our Chefs from other than via our Site.

4.6 As a Chef, you are responsible for leaving the premises of Services in the condition it was in when you arrived.

4.7 As a Chef you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the premises of Service.

5. Payments

5.1 Prices include any applicable VAT, service charge, tips and any other tax unless otherwise stated.

5.2 You must make payment in full in advance to confirm the Booking.

5.3 The prices displayed in each Booking ("Total Price") are comprised of the Services Fees (defined below) and the Payment Fees (defined below).

5.4 In consideration for providing the Services we collect two types of fees. "Payment Fees" that correspond to the commissions and fees charged by our payment provides i.e.: Paypal or credit card fees and "Service Fees", charged to the Chef based upon a percentage of the Total Price the Booking of their Services.

6. Cancellation policy

6.1 As a customer you have the right to cancel a Booking and receive a refund from a cancelation in accordance with the terms in this clause.

6.2 If there is a no-show from our Chef and you notify us within 24 hours after the Service start time, then we will at your option provide either a full refund of any payment made for that Booking or else use reasonable endeavours to re-arrange the booked Service. We reserve the right not to make a refund or re-arrange a Service if we are not notified within that 24 hour period.

6.3 If a Chef cancels a confirmed Booking, then we will refund the amount paid in advance for the Booking. We will also offer you an alternative Chef. If you book a Service from an alternative Chef and the Chef confirms the requested Booking, then you agree to pay for the full amount relating to the confirmed booking for the alternative Service provided by this Chef.

6.4 If a Booking is cancelled by you, the Customer, at least 7 days prior to the applicable Service start date, the Chef shall not be paid any of the Booking amount and you shall be reimbursed the full Booking amount paid in advanced except the commissions or fees charged by the payment providers, i.e.: Paypal or credit card fees.

6.5 If a Booking is cancelled by a you, the Customer between 24 hours and 7 days prior to the applicable Service start date, you shall be refunded 50% of the Booking amount paid in advanced and the reminder shall be used to compensate the Chef with the food expenses, only if claimed by the Chef before the Service start date.

6.6 If a Booking is cancelled by you, the Customer within less than 24 hours before the applicable Booking start date, then you shall not be entitled to any return, credit or reimbursement for the full amount paid in advanced and the reminder shall be used to compensate the Chef with the food expenses, only if claimed by the Chef before the Service start date.

7. Eligibility

7.1 The Site and the Services are intended for persons who are 18 or older.

8. Content Policy

8.1 The content of the Menus is published by the Chefs and they are responsible of it.

8.2 The content of the Reviews is published by the Users and they are responsible of it.

8.3 You must not publish or send any Content (including links or references to other content) which is threatening, harassing, invasive of privacy, defamatory, offensive, racist, hateful, sexually, obscene, discriminatory or abusive or which we otherwise consider to be inappropriate.

8.4 If you post a Review, you also promise that it is your independent, honest, genuine opinion.

8.5 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Site and these terms and conditions.

8.6 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.

8.7 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

8.8 We reserve the right to irretrievably delete your Content at any time.

8.9 We do not endorse or recommend any Reviews by other Users. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Reviews.

9. Your Account

9.1 Some functionality of Site may require a registered account ("Account") to access. If you are aged 18 or over, you may register to create an Account, which will require you to provide certain personal data. Your personal data must be true, accurate, current and complete and will be held and used in accordance with our Privacy and Cookies Policy.

9.2 Your account is for your sole personal use. You are responsible for all activity and use of your account and for keeping your Account access confidential and secure against unauthorised use.

9.3 We reserve the right to refuse to grant you an Account, or cancel or alter your Account, at any time.

10. Security

10.1 Your account on our Site is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible if third parties use your account or identity.

11. Functioning of our Site

11.1 We cannot guarantee that the Site will be uninterrupted or error-free.

11.2 We are entitled, without notice and without liability, to suspend the Site for repair, maintenance, improvement or other technical reason.

11.3 Access to the Site is permitted on a temporary basis. We reserve the right to permanently suspend the access to the Site and any services offered on it without previous notice to you.

11.4 You are responsible for making all arrangements necessary to access the Site and you should ensure that you have up to date anti-virus software on any device from which you view the Site.

12. Liability

12.1 Nothing in this Terms in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

12.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

12.3 If you are a User, whether or not you used the Services offered by the Site, we shall not be liable for any loss or damage caused by us or our employees or Chefs in circumstances where:

12.4 You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Site (subject of course to our obligation to mitigate any losses).

12.5 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Site and/or breach of this agreement.

12.6 This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

13. Intellectual Property Policy

13.1 All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Site are our intellectual property or that of our partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

13.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our Site or deep-link to or frame Content on our Site without our specific prior written consent by the Company.

13.3 If you publish any Content on our Site, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our Site.

14. Privacy Policy

14.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

14.2 The Site may collect personally identifiable information, such as your name. This information is used to complete the purchase transaction. The Site may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.

14.3 Information about your computer hardware and software may be automatically collected. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.

15. Use of your Personal Information

15.1 The Site collects and uses your personal information to operate its website(s) and deliver the services you have requested.

15.2 The Site may also use your personally identifiable information to inform you of other products or services available from the Site and its affiliates. the Site may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

15.3 The Site may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the Site, and they are required to maintain the confidentiality of your information.

15.4 The Site may also share your personal information (such as your name, address and email address) with other corporate entities and vendors working with the Site in order to enable those service providers to use such information for their own marketing-related purposes, and such service providers may in turn share such information with other third parties for marketing-related purposes. If you wish to opt out of having your personal information shared by the Site with third party corporate entities and vendors for marketing-related purposes, please click here.

15.5 The Site may keep track of the websites and pages our users visit within the Site, in order to determine what the Site services are the most popular. This data is used to deliver customized content and advertising within the Site to customers whose behaviour indicates that they are interested in a particular subject area.

15.6 The Site will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Site or the site; (b) protect and defend the rights or property of the Site; and, (c) act under exigent circumstances to protect the personal safety of users of the Site, or the public.

15.7 We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from the Site by contacting us by email at [email protected]

16. Use of Cookies

16.1. The Site may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

16.2 One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Site pages, or register with the site or services, a cookie helps the Site to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Site, the information you previously provided can be retrieved, so you can easily use the Site features that you customized.

16.3 You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of websites you visit.

17. Third Party Websites

17.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the product or services which they offer. You use such third party sites at your own risk.

18. "Act of God"

18.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under the Terms if the failure or delay is caused by any circumstances beyond your or our reasonable control such as natural disasters and third party telecommunication failures.

19. Changes to the terms and conditions

19.1 We may change these Terms and Conditions by posting the revised version on our Site at least 14 days before they become effective. Please check our Site from time to time. You will be bound by the revised agreement if you continue to use our Site or the Services.

20. Transfer

20.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

21. Law and Jurisdiction

21.1 This Terms shall be governed by the law of England and Wales, and is subject to the non-exclusive jurisdiction of the courts of England and Wales.

 

Last updated: September 5, 2015