Terms & Conditions For Chefs
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using The DiningClub Platform, you agree to comply with and be bound by these Terms.
Last Updated: March 2019
These Terms constitute a legally binding agreement (“Agreement“) between you and The DiningClub (as defined below) governing your access to and use of The DiningClub website, including any subdomains thereof, and any other websites through which The DiningClub makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “The DiningClub Services“). The Site, Application and The DiningClub Services together are hereinafter collectively referred to as the “The DiningClub Platform”.
When these Terms mention “The DiningClub”, “we”, “us,” or “our”, it refers to OhMyChef Ltd, 507 Cordage House, Cobblestone Square, London E1W 3AS, company number 11842280.
Any and all payment processing services through or in connection with your use of The DiningClub Platform (“Payment Services“) are provided to you by one or more Payments entities (individually and collectively, as appropriate, “The DiningClub Payments“) as set out in the Payments Terms of Service (“Payments Terms“).
Chefs alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Menu Listings and Chef Services (as defined below). Chefs are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Chef Services they offer.
Terms specific for Chefs
Terms applicable to all Menu Listings
As a Chef, you may create Listings. To this end, you will be asked a variety of questions about the Services to be listed. Listings will be made publicly available via The DiningClub Site, Application and Services. Members will be able to book your Services via the Site, Application and Services based upon the information provided in your Menu Listing.
When creating a Menu Listing through The DiningClub Platform, Chefs must:
- provide complete and accurate information about their Service (such as menu description, radius, and calendar availability),
- disclose any deficiencies, restrictions and requirements that may apply (such as allergies and ingredients, etc.),
- provide any other pertinent information requested by The DiningClub.
Chefs are responsible for keeping their profile information (including calendar availability) up-to-date at all times.
Chefs are solely responsible for setting a price (including any Taxes) for their Menus. Once a Foodie requests to book a Menu from your Listing, you may not request that the Foodie pays a higher price than in the booking request.
Any terms and conditions included in your Menu Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
Pictures, animations or videos (collectively, “Images“) used in your profile must accurately reflect the quality and condition of your Services. The DiningClub reserves the right to require that Menus have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Chef Listings in search results on The DiningClub Platform may vary and depend on a variety of factors, such as Foodies search parameters and preferences, Chefs requirements, price and calendar availability, number and quality of images, customer service and cancellation history, Reviews and Ratings, type of Chef Service/cuisine, and/or ease of booking.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Foodie engagement, with Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any accommodation included in a Listing you post, and (b) not conflict with the rights of third parties. Please note that The DiningClub assumes no responsibility for a Chef’s compliance with any applicable laws, rules and regulations.
When you accept a booking request by a Foodie, you are entering into a legally binding agreement with the Foodie and are required to provide your Service(s) to the Foodie as described in your Menu when the booking request is made. You also agree to pay the applicable Chef Fee to The DiningClub and any applicable Taxes.
You understand and agree that The DiningClub does not act as an insurer or as a contracting agent for you as a Chef. If a Foodie requests a booking of your Services and retains your Services, any agreement you enter into with such Foodie is between the Chef and the Foodie; and The DiningClub is not a party thereto. Notwithstanding the foregoing, The DiningClub serves as the limited authorised agent of the Chef for the purpose of accepting payments from Clients on behalf of the Chef and is responsible for transmitting such payments to the Chef.
The DiningClub reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that The DiningClub, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
You acknowledge and agree that, as a Chef, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who retain your Services or are otherwise present at the place of Service at your request or invitation, excluding the Foodie (and the individuals the Foodie invites to the place of Services, if applicable.)
The DiningClub welcomes chefs at all levels, either self-taught or culinary academy-educated. The DiningClub recommends Chefs to comply with these industry-regulated hygiene standards and recommends either Food Hygiene Training or HACCP Training from food-hygiene-certificate.co.uk.
The DiningClub recommends that Chefs obtain appropriate insurance for their Services. Such insurance should cover the cost of cancellation by the Chef and/or any member of your party and the cost of assistance in the event of illness or accident. We cannot be held responsible for injury or loss suffered by the Chef other than as expressly set out in the booking conditions. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply.
Additionally, should Chefs participate in events which do not form part of the Arrangements booked with us it should be understood that this is also at the Chef’s own risk and it is their responsibility to obtain the relevant insurance. Please confirm with your Insurers that the insurance policy covers the activities you will be participating in.
Chefs signing up to The DiningClub Platform acknowledge they are over 18 years of age and have no criminal convictions.
By using The DiningClub platform the Chef agrees to:
- If a booking requires confirmation by the Chef, respond to booking requests promptly: the response time will be measured and a late response may result in a low search ranking. Any missed response (within 24 hours from booking being requested) will result in the loss of the booking and the opportunity to retrieve it. In the event of not responding to the Booking request within required time limits, The DiningClub may send alternative recommendations to the Foodie;
- Immediately inform The DiningClub and the Foodie in the event that the Chef is not able to execute the Services as agreed with the Foodie. For more information, please check our Cancellation Policy
- Research and ensure sufficient travelling time to avoid lateness to the Booking;
- Follow Company Guidelines at all times
- Run the service as described in the Offer and to respect the times and places agreed with foodie;
- Use utensils in good condition, complying with all legal regulations in the field, especially those concerning hygiene;
- Use raw materials in perfect condition, that meet the health requirements of the legislation applicable to the matter;
- Keep high standard of service at all times this includes also the choice of ingredients
- Comply with legal regulations regarding transportation of food, and especially those concerning respect cold chain;
- Don’t send any offer to those applications that they will not run personally;
- Have no medical contraindications or inability to develop the activity of the Service;
- Behave appropriately and responsibly during the Service in accordance with these Terms of Service;
- Clean after themselves and leave the workplace (Kitchen) as much as all utensils they’ve used perfectly clean and in the same condition as they found it;
- At all times keep photo footage of the dishes served during the service, in case of any dispute;
- At all times keep photo footage of the kitchen status before and after the service, in case of any dispute;
- (I) comply with all laws, regulations and codes regarding activity private chef, especially to have a liability insurance in force at the time of the service;
- check that your insurance policy covers services offered in each offer sent to the Customer;
- not to take any risks during execution of the Service or take any product or substance that may adversely affect his/her attention and due diligence requires the activity of the Service;
Chefs can each list 4 menus, 3 of one category on The DiningClub Platform.
Each Chef have their own pricing per menu proposed in prices inclusive of VAT (£).The price as includes the commission of the platform, according to the terms determined in this agreement with the Chef.
When the Chef accepts a booking request by a Foodie, Chefs agree to pay the applicable Chef Fee (as described below) to The DiningClub and any applicable Taxes.
Chefs also acknowledge and agree that they are entering into a legally binding agreement with the Foodie and are required to provide their Service(s) to the Foodie as described in their Menu when the booking request is made.
Booking and service fees
Bookings and Financial Terms for Chefs
The DiningClub will collect the Total Fees at the time of booking confirmation and will initiate payment of the Chef’s Fees (less The DiningClub’s commission (defined below) to the Chef, on a weekly basis.
Appointment of The DiningClub as Payment Agent for Chef
Each Chef hereby appoints The DiningClub as the Chef’s limited agent solely for the purpose of collecting payments made by Foodies on behalf of the Chef. Each Chef agrees that payment made by a Foodie to The DiningClub shall be considered the same as a payment made directly to the Chef and the Chef will make the Services available to the Foodie in the agreed upon manner as if the Chef has received the Chef’s Fees. Each Chef agrees that, The DiningClub may, in accordance with the cancellation policy and reflected in the relevant Listing, (i) permit the Client to cancel the booking and (ii) refund to the Client that portion of the Chef’s Fees specified in the applicable cancellation policy.
In accepting appointment as the limited authorized agent of the Chef, The DiningClub assumes no liability for any acts or omissions of the Chef.
In consideration for providing the Services, The DiningClub collects service fees from Chefs (“Service Fees”). Service Fees are made up of a fee that is charged to the Chef based upon a percentage of the amount of the Chef’s Fees (“Chef Payment Fees”). Where applicable, taxes may also be charged.
The DiningClub takes 15% (incl. VAT) of the Chef’s booking fee as payment for the Services provided by the Chef and for acting as an intermediary.
Chefs are paid weekly by bank transfer into their UK bank account. Upon completion of delivering a Cooking Service and of such a notification being made by the Chef to The DiningClub, the payment less the above service charge, will be paid to the Chef by bank transfer weekly. Payment can only be made into a UK bank account and identification may be requested (passport/driving licence).
Chef Payment Fees are deducted before remitting the Chef’s Fees to the Chef.
Balances will be remitted by The DiningClub to Chefs weekly via bank transfer deposit or other payment methods described on the Site. Except as otherwise provided herein, Service Fees are non-refundable.
Content posted by the User on the Platform
In order to enable the provision of the Services, and in compliance with the objective of the Platform, Chefs grant The DiningClub a non-exclusive license to use the content and information you have provided in the context of the use of the Platform. To enable distribution through the digital network and in accordance with any communication protocol (especially the Internet and mobile networks) and to offer the public the content of the Platform, Chefs authorise The DiningClub to play, represent, adapt and translate their content for the entire duration of the contractual relationship with The DiningClub, in accordance with the following:
- (i) authorize The DiningClub to reproduce all or part of the relevant content developed by the Chef in any medium digital recording, known or unknown, in particular on any server, hard drive, memory card or equivalent, in any form and by any process, already known or in any operation required for storage, backup, transmission or download related to the operation of the platform and providing the Service degree;
- (ii) authorize The DiningClub to adapt and translate the contents developed by the Chefs, and reproduce such adaptations in any digital medium, known or established in (i) above, in order to provide the Services different languages. This right includes the option to make changes to the format of your content developed by the user, with respect to your moral right, in order to respect the graphic design of the platform or to make your content compatible technical level with our software for publication by the Platform.
The DiningClub enforces a cancellation policy which protects both Foodies and Chefs alike. Both parties may cancel and review any penalties by viewing their upcoming booking(s) and then clicking ‘Cancel’ on the appropriate reservation.
To learn more, please refer to our Cancellation Policy
The DiningClub Referral program (“Program”) permits select, invited eligible members to earn money by referring to The DiningClub first time, new Chefs (“Referred Chefs”) and first time, new Foodies (‘Referred Foodies’), who create or activate their profile for the first time and successfully complete a qualifying booking. Referred Chefs will be attributed upon Referring Chef’s or Referring Foodie’s invite.
For each person you refer, there are two opportunities to earn credit. You earn credit when your friend completes a qualifying booking as a Foodie and also if they complete a qualifying reservation as a Chef. The amount you earn is different depending on whether you refer Chefs or Foodies.
To learn more please check our Referral Policy
for information and notices concerning collection and use of your personal information.
Ratings and Reviews
Within a certain time frame after completing a booking, Chefs can leave a public review (“Review”) and submit a star rating (“Rating”) under the Foodie’s Profile.
Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of The DiningClub. Ratings and Reviews are not verified by The DiningClub for accuracy and may be incorrect or misleading.
Ratings and Reviews by Foodies and Chefs must be accurate and may not contain any offensive or defamatory language.
Chefs are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on The DiningClub Platform (such as the Profile page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
Our Right To Vary These Terms And Conditions
If we make changes to these Terms, we will post the revised Terms on The DiningClub Platform and update the “Last Updated” date at the top of these Terms.
We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect.
We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the The DiningClub Platform will constitute acceptance of the revised Terms.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your The DiningClub Account. In the event The DiningClub terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your The DiningClub Account you will remain liable for all amounts due hereunder. Please note that if your The DiningClub Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to any reviews.
Neither the Users (either Chefs or Foodies), nor The DiningClub shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond their control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
Law And Jurisdiction
The English courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.