Term & Conditions

 

Terms of Use

SECTION A: GENERAL PROVISIONS

1. PRELIMINARY INFORMATION

  1. By registering your details with YumPlate as a User (hereinafter “yummer”), you warrant that:
  1. You are legally capable of entering into binding contracts;
  2. You are at least 18 years old; and
  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 of Use

2. SIGNING UP

  1. In order to use YumPlate, you will need to sign up as a yummer.
  2. By registering your details, you consent to 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 YumPlate is true, accurate and correct.
  4. YumPlate reserves the right to promptly disable your Login Details and suspend your access in the event that YumPlate has any reason to believe you have breached any of the provisions set out herein.

3. YUMMER OBLIGATIONS

  1. You agree that you are solely responsible and liable for all activities carried out by your use of the platform.
  2. You shall not submit to appear on the platform through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format when rating or submitting a review in relation to a Yumcook or elsewhere in YumPlate's reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
  1. Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. Harass or advocate harassment of another person;
  3. Display pornographic or sexually explicit material;
  4. Promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
  5. Promote any illegal activities;
  6. Provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
  7. Promote or contain information that you know or believe to be inaccurate, false or misleading;
  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 YumPlate; or
  9. Infringe any rights of any third party.

 

  1. You further agree that at all times, you shall:
  1. Not use your Login Details with the intent of impersonating another person;
  2. Not allow any other person to use your Login Details;
  3. Not use the information presented on the website or provided to you by YumPlate for any commercial purposes;
  4. Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the website or in respect of the network;
  5. Not infringe any rights of any third parties;
  6. Comply with all instructions and policies from YumPlate;
  7. Use the information made available to you on the website and through the services at your own risk.
  8. In the event that you have a dispute with any yumcook you hereby release YumPlate 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.

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  1. PRIVACY POLICY

 

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use YumPlate. Our policy and practices and the type of information collected are described in details in our Privacy Policy . If you intend to connect to, access or use YumPlate must first read and agree to the Privacy Policy.

 

SECTION B: YUMMER TERMS AND CONDITIONS

  1. As a yummer, you are responsible for:

 

  1. Verifying the Price of any Meal, which you acknowledge may fluctuate from time to time and will be determined at the yumcook's sole discretion;
  2. Ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the yumcook is, where applicable registered with their local environmental health department;
  3. Any review or rating of yumcooks to be fair, honest and reasonable;
  4. Verification of all information provided by the yumcook in relation to any Meals provided, including the ingredients.
  5. In using the YumPlate Services, you must immediately notify YumPlate in the event you have any reason to believe or suspect that a yumcook or has breached any of the terms under Section A or that any yumcook Profile is not genuine, or is false, inaccurate and/or incomplete.

 

  1. CANCELLATIONS AND REFUNDS

 

  1. ADDITIONAL EXCLUSION OF WARRANTIES

 

  1. You acknowledge and agree that the services provided by YumPlate does not warrant or guarantee:
    1. that you will find Meals suitable to your specific taste, dietary or other requirements;
    2. the status of any yumcook as a business or that they are compliant with any standards set by the food safety regulations in Ontario;
    3. the premises used by a yumcook to prepare Meals are suitable for the cooking and preparing of Meals
    4. the identity of the yumcook using website

 

  1. As a yummer 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.

 

  1. YumPlate is not responsible in any way for the quality or delivery of any Meals by the yumcooks.

 

  1. In the event there is a dispute between you and any yumcook, or if the Meals provided by a Yumcook are not provided to a satisfactory standard or at all, you agree YumPlate 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 YumPlate from anything you may suffer or any liability in relation to such dispute.

SECTION C: YUMCOOK TERMS AND CONDITIONS

If you wish to register as a yumcook, you may do so in accordance with the terms of this Section C.

  1. INTRODUCTION

Upon registration as a yumcook, in consideration of your compliance with these terms and conditions, YumPlate will provide you with the Services as described on the website and in this Section C below.

 

  1. REGISTRATION
    In addition to the registration requirements in Section A, you acknowledge and agree that registration as a Cook may include additional verification requirements.
     
  2. SERVICES
    1. Subject to clauses in Section A above, the services will comprise the following:
      1. The facility to create a Profile page (including a photo), which can be accessed by the public
      2. The facility to customise your Profile by adding information about your experiences, preferences;
      3. The ability to advertise Meals available for Order
      4. The ability to set a purchase price ("Price") for any Meal;
  3.  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:
      1. Information as to your identity;
      2. A description of the Meals available, including the ingredients used
      3. The Price of the Meal.

 

  1. YOUR ADDITIONAL OBLIGATIONS AS A YUMCOOK
    1. By choosing to be a yumcook and to advertise your meals on our website, further to the general obligations on you as a yummer under section A of these Terms, you agree that all information submitted by you in a yumcook Profile, preparation and supply of the Meals, and any other information provided (including the recipes and ingredients) must:
      1. Be accurate, correct and up-to-date;
      2. Be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate;
      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 safety regulations in the province of Ontario;
      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
      5. Not be obscene, defamatory or be offensive and/or inappropriate.
         
    2. In using the Services you must:
      1. Ensure your use of the Services is personal to you;
      2. Immediately notify YumPlate in the event you have any reason to believe or suspect that any USER has breached any of its Terms.
      3. You further acknowledge and agree that YumPlate may, at its sole discretion, immediately remove your Profile from the website where it reasonably considers that such Profile, any information you have uploaded or Meals provided, no longer meets the standards that YumPlate requires, at its absolute discretion and upon written notice to you.
         
  2. CHARGES AND PAYMENTS
    1. All payments from yummers made through the website shall be made via PayPal. YumPlate will remit to you:
      1. The monies received from above payments
      2. Less our commission at the rate notified to you during the registration process ("Commission"),within 48 hours of the applicable payment from Paypal.
    2. Refunds

 

  1. ADDITIONAL EXCLUSION OF WARRANTIES
    1. You acknowledge and agree that using the website to sell meals, may require registration as a business and a food hygiene & safety certificate.. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. YumPlate 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 website
    2. YumPlate provides the Services solely to connect you, the yumcook, with yummers who may be seeking to order meals from you. You, hereby indemnify YumPlate in full and on demand against all losses, damages, costs, claims and expenses that YumPlate incurs (including but not limited to such losses and damages incurred by YumPlate in respect of sickness, disease or death of any yummer arising out of or in connection with your acts or omissions in the use of the website arising out of or in connection with any of your dealings with, or Meals provided to the yummer.