COOKISTO INTERNATIONAL LIMITED
TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH YOU (“YOU OR “USER” OR “COOKISTAS”) MAY USE THE COOKISTO INTERNATIONAL LIMITED WEBSITES WWW.COOKISTO.COM , COOKISTOAPP.COM AND THE COOKISTO APPLICATION (FOR THE PURPOSES OF THESE TERMS BOTH THE WEBSITES AND THE COOKISTO APPLICATION SHALL BE REFERED TO AS THE “APP”), WHICH PERMITS USERS TO COOK AND/OR SHARE MEALS (“MEALS”) THROUGH THE APP’S SOFTWARE SERVICE PLATFORM (“PLATFORM”).
PLEASE READ THESE TERMS CAREFULLY BEFORE COMMITTING TO USE THE PLATFORM OR SERVICES OFFERED ON THE APP. BY USING THE APP, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TEMRS AND CONDITIONS OF THESE TERMS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICES. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE APP AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COOKISTO.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
THESE TERMS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS BEFORE REGISTERING ON THE APP.
SECTION A CONTAINS GENERAL PROVISIONS WHICH APPLY TO ALL USERS OF THE APP. IN ADDITION TO SECTION A, THE PROVISIONS OF SECTION B WILL APPLY TO YOU IF YOU USE THE APP AS A “FOODIE” AND/OR THE PROVISIONS OF SECTION C WILL APPLY TO YOU IF YOU USE THE APP AS A “COOK.”
SECTION A: General Provisions
1. INFORMATION ABOUT COOKISTO AND THE APP
1. The App is owned and managed, operated and maintained by Cookisto International Limited (“Cookisto”), a company registered in Malta with company registration number C59776, and having its registered address at 60/2 Melita Street, VLT1122, Valletta, Malta.
2. The App is an online marketplace offering where food lovers (“Foodies”) who wish to find home made Meals can do so (“Orders”) from other Cookistas who wish to share their cooking skills and Meals with Foodies (“Cooks”). Foodies and Cooks can also create personal Cookista profiles (“Profiles”), communicate with other Cookistas, rate their experiences and use such other Services available on the App from time to time.
3. Cookisto shall be entitled at its own discretion to suspend the App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using the Platform or using any of the Services available on the App.
4. Cookisto reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
5. Cookisto relies on third party providers (such as network providers, data centres and telecommunication providers) to make the App and the content therein and the Services available to you. Whilst Cookisto takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Cookisto does not warrant that the App shall be uninterrupted or fault-free at all times. Cookisto therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and App as a result of Cookisto’s service providers.
6. Cookisto uses third party payment handlers to process your payment. Cookisto is a distributor for the Leetchi Corp. S.A. company, a ‘société anonyme’ under the law of Luxembourg with a share capital of 500,000 Euros, and a registered office located at 26-28, rives de Clausen, L-2165 Luxembourg, listed under the number B173459 in the Luxembourg trade register (hereinafter referred to as “Leetchi”).
Leetchi provides services for the issuing, use, and management of e-money. These services are offered on the App as a means of payment for Cookisto. By signing up to Cookisto (both as a foodie and cook), you agree to be bound by the Terms and Conditions of Leetchi.
The creation of a Cook’s account includes the creation of an “Account” as defined under the Terms and Conditions of Leetchi. Acceptance of a Cookisto order constitutes a “Transaction” as defined under the Terms and Conditions of Leetchi.
7. Cookisto may be contacted at 60/2 Melita Street, VLT1122, Valletta, Malta or by email at info@Cookisto.com.
2. PRELIMINARY INFORMATION
1. By registering your details with Cookisto as a User, you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are at least 18 years old; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services and purchase of Meals.
1. In order to use the App, you will need to complete the online registration form and set up an account (“Account”) as a Cookista.
2. By registering your details and setting up an Account you consent to Cookisto conducting verification and security procedures in respect of the information provided by you online.
3. You hereby warrant that the information provided by you to Cookisto is true, accurate and correct. You further warrant that you shall promptly notify Cookisto in the event of any changes to such information.
5. Upon registration, Cookisto will give you the opportunity to invite friends to join the App by emailing an invite (whereby you will be required to enter their email addresses), or by contacting friends through their Facebook profiles.
6. You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Cookisto, Cookisto reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Cookisto has any reason to believe you have breached any of the provisions set out herein.
7. Notwithstanding the foregoing, Cookisto reserves the right to:
3.7.1. accept or reject your application to register for any reason; and
3.7.2. suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions hereunder.
4. USER OBLIGATIONS
1. You agree that you are solely responsible and liable for all activities carried out by your use of the App.
2. You shall not submit to appear on the App through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (User Submissions”), whether within your personal Profile, when rating or submitting a review in relation to another Foodie or Cook or elsewhere on the App that, in Cookisto’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
4.2.1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.2.2. harass or advocate harassment of another person;
4.2.3. display pornographic or sexually explicit material;
4.2.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.2.5. promote any illegal activities;
4.2.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.2.7. promote or contain information that you know or believe to be inaccurate, false or misleading;
4.2.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Cookisto; or
4.2.9. infringe any rights of any third party.
3. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services. You agree that Cookisto may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App, and you hereby grant to Cookisto a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
4. You warrant and represent that you own or are licensed to use any and all patents, trade marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights ( “Intellectual Property Rights”) in all User Submissions that you make to the App as part of your use of the Services.
5. You hereby grant to Cookisto a non-exclusive, irrevocable licence to make the User Submissions available to other Users of the App.
6. If you feel that any User Submission made by another User is objectionable, please contact Cookisto using the contact details set out on the App. Cookisto shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all.
7. You further agree that at all times, you shall:
4.7.1. not use your Login Details with the intent of impersonating another person;
4.7.2. not allow any other person to use your Login Details;
4.7.3. not use the information presented on the App or provided to you by Cookisto for any commercial purposes;
4.7.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network;
4.7.5. not infringe any rights of any third parties;
4.7.6. contact Cookisto at firstname.lastname@example.org immediately if you consider any User Submission posted by another User to breach any of the Terms herein;
4.7.7. comply with all instructions and policies from Cookisto from time to time in respect of the use of the Platform, the Services and the App;
4.7.8. co-operate with any reasonable security or other checks or requests for information made by Cookisto from time to time; and
4.7.9. use the information made available to you on the App and through the Services at your own risk.
8. In the event that you have a dispute with any other User of the App, you hereby release Cookisto from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
5. EXCLUSION OF WARRANTIES AND COOKISTO’S LIMITATION OF LIABILITY
1. Subject to clause 5.4 and 5.5, if Cookisto fails to comply with these Terms, Cookisto shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If Cookisto’s failure to comply with its obligations is not remedied as in this clause 5.1, then Cookisto’s shall only be liable for losses (whether arising on contract, tort (including negligence) or otherwise) which are a reasonably foreseeable consequence of such failure, up to a maximum of one hundred pounds sterling (£100.00).
2. Further, you acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by Cookisto and to the maximum extent permitted by law, Cookisto excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
3. Cookisto does not verify and does not have any control in respect of any User Submission, or other information made available to you through your use of the Platform, the Services and/or the App. Consequently, Cookisto does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Meals, the Services and/or the App. Cookisto advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, the Services and/or the App, you do so at your own risk and liability.
4. Subject to clause 5.5, Cookisto shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
5.4.1. consequential, indirect or special losses;
5.4.2. loss of profits, income or revenue;
5.4.3. loss of savings or anticipated savings, interest or production;
5.4.4. loss of business or business benefits;
5.4.5. loss of contracts;
5.4.6. loss of opportunity or expectations;
5.4.7. loss of goodwill and/or reputation;
5.4.8. loss of marketing and/or public relations time and/or opportunities;
5.4.9. loss of data; or
5.4.10. loss of management or office time
or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5. Nothing in these Terms excludes or limits Cookisto’s liability for:
5.5.1. death or personal injury caused by its negligence;
5.5.2. fraud or fraudulent misrepresentation; or
5.5.3. any other matter for which it would be illegal for Cookisto to exclude or attempt to exclude its liability.
6. Commentary and other materials posted on the App or provided by Cookisto are not intended to amount to advice on which reliance should be placed. Cookisto therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the App, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Cookisto shall remain solely with you.
7. Cookisto does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Cookisto therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings, including without limitation with regard to the delivery of Meals, with other Users.
6. INTELLECTUAL PROPERTY RIGHTS
1. Cookisto and its licensors own all the intellectual property rights relating to the App, Services and Platform.
2. You are expressly prohibited from:
6.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App; and
6.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by Cookisto or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Cookisto or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to Cookisto.
3. Provided that Cookisto is unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, Cookisto shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Cookisto.
7. PRIVACY AND DATA PROTECTION
8. FORCE MAJEURE
1. Cookisto shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Cookisto’s reasonable control and includes in particular (without limitation) the following:
8.2.1. strikes, lock-outs or other industrial action;
8.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5. impossibility of the use of public or private telecommunications networks; and
8.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
3. Cookisto’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Cookisto shall have an extension of time for performance for the duration of that period. Cookisto will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
9. COMPLAINTS AND TERMINATION
1. If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by clicking on “Report Abuse” on the App or send Cookisto details of your complaint by using the “Contact Us” form available on the App. Cookisto will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.
2. Cookisto may suspend or terminate your use of the Services and/or App if:
9.2.1. any of Cookisto’s third party communication network providers cease to make their services available to Cookisto for any reason;
9.2.2. Cookisto believes you or someone using your login details has failed to comply with one or more of these Terms;
9.2.3. Cookisto believes there has been fraudulent use, misuse or abuse of the Services;
9.2.4. Cookisto believes you have provided any false, inaccurate or misleading information.
3. On termination, your access to the App shall cease and Cookisto may delete your Profile.
1. If Cookisto fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by Cookisto of any default shall not constitute a waiver of any subsequent default.
3. No waiver by Cookisto of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
4. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
5. Cookisto reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
6. If any of these Terms is 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 which shall continue to be valid to the fullest extent permitted by law.
7. These Terms and any document expressly referred to in them represent the entire agreement between you and Cookisto in respect of your use of the App and your purchase and use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and Cookisto, whether oral or in writing.
8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Cookisto except as expressly set out in these Terms.
9. Cookisto may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the App, you may do so by giving us not less than 7 (seven) day's written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
10. These Terms are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the UK, English law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If English law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
SECTION B: FOODIES TERMS AND CONDITIONS
1. Upon registration as a Foodie, and in consideration of your compliance with these terms and conditions, Cookisto will provide you with the Foodie Services as described on the App and in this section B. You are a Foodie if you submit Orders through the Platform.
12. FOODIE SERVICES
1. Subject to clause 1.4 of Section A above, the Foodie Services will comprise of the following:
12.1.1. the facility to create a Profile page;
12.1.2. the ability to search for Cooks who have registered with the App and have Meals available for Order;
12.1.3. the ability to communicate with other Foodies and Cooks using the App;
12.1.4. the facility to review and rate the Cook;
12.1.5. access to any other features and functionality for the Foodie Services provided by Cookisto to Foodies from time to time.
2. You acknowledge and agree that all Orders are subject to acceptance by the Cooks. The contract for fulfilment of an Order is created between you and the Cook, which will only be formed once you have received such acceptance. Cookisto is not responsible for either party’s performance under such a contract and Cookisto makes no guarantee that the obligations of either party under the contract will be fulfilled.
3. All Meals sold on the App are perishable, therefore cancellationsor refunds may not permitted by Cooks.
13. ADDITIONAL OBLIGATIONS AS A FOODIE
1. You must at all times use the Foodie Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
2. As a Foodie, you are responsible for:
13.2.1. ascertaining the identity of any Cook;
13.2.2. verifying the Price of any Meal, which you acknowledge may fluctuate from time to time and will be determined at the Cook’s sole discretion;
13.2.3. ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the Cook is, where applicable registered with their local environmental health department;
13.2.4. any review or rating of Cooks to be fair, honest and reasonable;
13.2.5. verification of all information provided by the Cook in relation to any Meals provided, including the ingredients.
3. In using the Foodie Services, you must:
13.3.1. not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
13.3.2. immediately notify Cookisto in the event you have any reason to believe or suspect that a Cook or another Foodie has breached any of the terms under Section A or that any Cook Profile is not genuine, or is false, inaccurate and/or incomplete.
14. CANCELLATIONS AND REFUNDS
1. You acknowledge that the legal right to cancel and obtain a refund under consumer legislation may not apply in respect of your Order. However, and unless expressly stated by a Cook to the contrary, Cookisto operates the following cancellation and refund policy in respect of Orders (“Refund Policy”):
14.1.1. you may cancel your Order and obtain a full refund of the Price, provided such cancellation is received by the Cook in writing (including by e-mail), or by following the Cook’s cancellation procedure, no later than seventy-two (72) hours before the Order is scheduled for delivery;
14.1.2. you may cancel your Order and obtain a 50% refund of the Price paid for the Order, provided such cancellation is received by the Cook in writing (including by e-mail), or by following the Cook’s cancellation procedure, no later than twenty-four (24) hours before the Order is scheduled for delivery; and
14.1.3. you will not be entitled to any refund of the Price in the event you cancel an Order by providing the Cook with less than twenty-four (24) hours written notice (including by e-mail) before the Order is scheduled for delivery.
15. ADDITIONAL EXCLUSION OF WARRANTIES
1. You acknowledge and agree that the Foodie Services provided by Cookisto are limited to providing you with a forum to attempt to source and connect with Cooks. When you use the Foodie Services, Cookisto does not warrant or guarantee:
15.1.1. that you will find Meals suitable to your specific taste, dietary or other requirements;
15.1.2. the status of any Cook as a business or that they are compliant with any standards set by the Food Standards Agency;
15.1.3. the premises used by a Cook to prepare Meals are suitable for the cooking and preparing of Meals or, where applicable, registered with their local environmental health department;
15.1.4. that the Cooks’ Profiles are genuine;
15.1.5. that any information or documentation made available on a Cook’s Profile (including but not limited to any recipes for the Meals) is authentic, valid, accurate or otherwise complete;
15.1.6. the identity of the Cook using the App.
2. As a Foodie, you warrant that you will only purchase Meals for your own personal consumption and will not purchase Meals or use the Services for any commercial purposes, including without limitation to sell Meals to consumers.
3. Cookisto is not responsible in any way for the quality or delivery of any Meals by the Cooks. Such Meals are to be provided by the Cooks on terms and conditions as may be agreed between you and the Cook.
4. In the event there is a dispute between you and any Cook, or if the Meals provided by a Cook are not provided to a satisfactory standard or at all, you agree Cookisto is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you in the course of receiving such Meals from a Cook, and you release and hold harmless Cookisto from anything you may suffer or any liability in relation to such dispute.
SECTION C: COOK TERMS AND CONDITIONS
If you are a Cook and wish to use the Cook Services, you may do so in accordance with the terms of this Section C.
Upon registration as a Cook, in consideration of your compliance with these terms and conditions, Cookisto will provide you with the Cook Services as described on the App and in this Section C below.
1. In addition to the registration requirements in Section A, you acknowledge and agree that registration as a Cook may include additional verification requirements.
18. COOK SERVICES
1. Subject to clause 1.4 of Section A above, the Cook Services will comprise the following:
18.1.1. the facility to create a Profile page (including a photo), which can be accessed by the Foodies;
18.1.2. the facility to customise your Profile by adding information about your experiences, preferences;
18.1.3. the ability to advertise Meals available for Order (including information relating to any speciality bespoke Meals available);
18.1.4. the ability to set a purchase price (“Price”) payable by the Foodie in respect of any Meal;
18.1.5. the ability to specify whether you are able to deliver Orders to Foodies or whether Orders are collection only;
18.1.6. subject to fulfilling certain criteria, as indicated on the App from time to time, to attain the level of “Cookistador”;
18.1.7. the ability to post reviews and ratings about Foodies and other Cooks;
18.1.8. any other features and functionalities of the Cook Services provided by Cookisto to you from time to time.
19. COOK PROFILES
1. You warrant that you are the provider of the Meals you have posted on your Profile.
2. You must ensure that your Profile contains the minimum information set out below:
19.2.1. information as to your identity;
19.2.2. a description of the Meals available, including the ingredients used and the extent of any delivery services available;
19.2.3. the Price of the Meal.
20. YOUR ADDITIONAL OBLIGATIONS AS A COOK
1. By choosing to be a Cook and to advertise and deliver your Meals to Foodies through the App, further to the general obligations on you as a User under section A of these Terms, you agree that all information submitted by you in a Cook Profile, preparation and supply and/or delivery of the Meals, and any other information provided (including the recipes and ingredients relating to the Meals) or comments made to Foodies or other Cooks through the App, must:
20.1.1. be accurate, correct and up-to-date;
20.1.2. be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate;
20.1.3. not breach any applicable statutory or regulatory requirement, including following good hygiene practice in the preparation of any Meals and, where applicable, food safety management procedures based on the standards set by the Food Standards Agency from time to time;
20.1.4. not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations; and
20.1.5. not be obscene, defamatory or be in the reasonable view of Cookisto deemed to be offensive and/or inappropriate.
2. In using the Cook Services you must:
20.2.1. at all times keep all information including without limitation, communication and correspondences between you and the Foodies, and all information relating to the Order process secure and confidential;
20.2.2. ensure your use of the Cook Services is personal to you;
20.2.3. immediately notify Cookisto in the event you have any reason to believe or suspect that a Cook or Foodie has breached any of its Terms.
3. You further acknowledge and agree that Cookisto may, at its sole discretion, immediately remove your Profile from the App where it reasonably considers that such Profile, any information you have uploaded or Meals provided, no longer meets the standards that Cookisto requires of its Cooks on the App, at its absolute discretion and upon written notice to you.
21. CHARGES AND PAYMENTS
1. All payments from Foodies made through the App shall be made via such payment processor as Cookisto may choose (“Payment Processor”) to Cookisto, who will remit to you:
21.1.1. the monies received from the Foodies in respect of the Order (“Sale Price”);
21.1.2. less any fees charged by the Payment Processor; and
21.1.3. less our commission at the rate notified to you during the registration process (“Commission”),
within thirty (30) days of receipt of the applicable payment by Cookisto from the Payment Processor.
2. Where a Foodie requests a refund, the Cook shall comply with the Refund Policy set out in Section B or such other policy as the Cook may notify the Foodie in writing. Where the Foodie is entitled to a refund under the Refund Policy, the Cook shall refund the Sale Price less the Commission (“Refund Monies”) to Cookisto immediately. Cookisto shall refund the Sale Price to the Foodie within 5 days of receipt of the Refund Monies.
3. You shall pay all other fees and charges notified to you during the Cook registration process (“Fees”). The Fees shall be due and payable in accordance with the payment terms notified to you during registration. The Fees are exclusive of VAT and other sales tax which shall, where applicable, be paid in addition.
4. We may change the Commission and/or Fees at any time on the provision of notice to you in writing, by email or through your use of the App. Your continued use of the App following notice of such change shall be deemed to be your acceptance of the new Commission and/or Fees. If you do not agree with the changes to the Commission and/or Fees, you may terminate your agreement with us by notice in writing or by email.
22. ADDITIONAL EXCLUSION OF WARRANTIES
1. You acknowledge and agree that Cookisto only provides you with the facility to post and supply Meals to Foodies by providing you with the Cook Services. Cookisto does not warrant, represent or guarantee that you will find any Foodies to deliver Meals to or achieve any specific results whatsoever.
2. You acknowledge and agree that using the Platform through the App may require registration as a business and a food hygiene & safety certificate. Cookisto provides information in relation to this area for certain (but not all) countries on the App, which can be accessed here. However, you acknowledge that this is intended as information only and does not constitute advice of any nature. Therefore, it must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action. Your use and reliance on any information on the App shall be at your own risk and we shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such information. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. Cookisto shall not be liable to you for any failure by you to comply with any relevant laws and regulations that may apply to you in the use of the Platform through the App.
3. You further agree that Cookisto does not vet or verify the identity of the Foodies posted on the App. Consequently, Cookisto does not warrant or guarantee:
22.3.1. the currentness, completeness, correctness and accuracy of any Foodies’ Profile;
22.3.2. that any Orders made by Foodies are genuine;
22.3.3. the identity of the Foodies using the App.
4. You further acknowledge that Cookisto has no control of and therefore has no liability whatsoever in respect of the behaviour, response and quality of the Foodies on the App.
5. Cookisto provides the Cook Services solely to connect you, the Cooks, with Foodies who may be seeking to Order Meals from you. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, Foodies (including but not limited to the terms upon which you create and deliver Meals to Foodies). You, the Cooks, hereby indemnify Cookisto in full and on demand against all losses, damages, costs, claims and expenses that Cookisto incurs (including but not limited to such losses and damages incurred by Cookisto in respect of sickness, disease or death of any Foodie arising out of or in connection with your acts or omissions in the use of the Platform) arising out of or in connection with any of your dealings with, or Meals provided to, Foodies.