Home Kitchen Worldwide
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
Last Updated [01/03/2019]:
Home Kitchen Worldwide (ABN 71 941 210 214), a sole trader company established in Australia, having its offices at 16 smokebush ave leppington NSW 2179, Australia, HomeKitchen is a software based company that provides an online platform that connects Makers who have food items available for purchase to Buyers seeking to purchase such food items (the Services).
The Services are accessible at https://www.home.kitchen and any other websites through which HomeKitchen makes the Services available (collectively, the Site) and as applications for on Apple IOS and Android mobile devices (the Application).
These Terms and Conditions of Use (Terms) govern our provision of the Services and the User’s access or use of the Site and Application
Collective Content means User Content and HomeKitchen Content.
Content means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
Buyer means a customer who places and order from a Maker via the Site, Application or Services.
Maker means a home cook or restaurant that creates a Menu via the Site and Application for purchase by a Buyer. Every Maker is an independent entity offering their own food and Menu on the Site and Application.
Menu means one or more food items that is listed by a Maker as available for order by interested Buyers via the Site and/or, Application.
Tax or Taxes mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that makers and sellers of food may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
HomeKitchen Content means all Content that HomeKitchen makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding User Content.
User means a person who completes HomeKitchen’s account registration process, including but not limited to Makers and Buyers, as described under “Account Registration".
User Content means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their Menu or User profile to be made available through the Site or Application.
Makers should understand how the laws work in their respective jurisdictions. Some jurisdictions have laws that restrict their ability to sell certain types of homemade food to Buyers. These laws are often part of a state’s food authority laws or regulations. In some states, Makers must register, get a permit, have their premises inspected or obtain a license before making food or accepting orders from Buyers. Certain types of food made at home may be prohibited altogether. State and local governments vary greatly in how they enforce these laws. Penalties may include prohibition notices, seizures, fines and penalties. Makers must review and comply with all local laws before listing on HomeKitchen. While in no way diminishing the Maker’s responsibilities under this clause, or giving rise to any positive obligation on the part of HomeKitchen, HomeKitchen may, in its absolute discretion, provide the Maker’s details to any food regulatory authority to assist with the Maker’s compliance obligations generally.
The Site and Application are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
providing your Third-Party Account login information to HomeKitchen through the Site, Services or Application; or
allowing HomeKitchen to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to HomeKitchen and/or grant HomeKitchen access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating HomeKitchen to pay any fees or making HomeKitchen subject to any usage limitations imposed by such third-party service providers.
By granting HomeKitchen access to any Third-Party Accounts, you understand that HomeKitchen may access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content") so that it is available on and through the Site and Application via your HomeKitchen Account and HomeKitchen Account profile page.
All SNS Content, if any, will be considered to be User Content for all purposes of these Terms.
You have the ability to disable the connection between your HomeKitchen Account and your Third-Party Accounts, at any time, by accessing the “Settings" section of the Site and Application.
Your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
HomeKitchen is not responsible for any SNS Content
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your HomeKitchen Account, whether or not you have authorised such activities or actions. You will immediately notify HomeKitchen of any unauthorised use of your HomeKitchen Account.
be in compliance with all applicable laws (such as food safety laws and zoning laws), tax requirements, and rules and regulations that may apply to any Menu you post (including having all required permits, licenses and registrations); and
not conflict with the rights of third parties (for example the intellectual property rights or menu items of an existing restaurant, bakery, café, caterer or similar business).
HomeKitchen assumes no responsibility for a Maker’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
HomeKitchen reserves the right, at any time and without prior notice, to remove or disable access to any Menu for any reason, including Menus that HomeKitchen, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or HomeKitchen’s then-current Policies and Community Guidelines, or otherwise harmful to the Site or Application or provision of the Services.
If you are a Maker, you understand and agree that HomeKitchen does not act as an insurer or as your contracting agent. If a Buyer requests an order from your Menu and purchases your food, any agreement or transaction you enter into with such Buyer is between you and the Buyer and HomeKitchen is not a party to it. Notwithstanding the foregoing, HomeKitchen doesn’t collect payment from buyers.
If you are a Maker, HomeKitchen makes certain tools available to you to help you to make informed decisions about which Users you choose to accept orders from for your Menu. You acknowledge and agree that, as a Maker, you are responsible for your own acts and omissions, and your own decisions about acceptance, or otherwise, of Buyer orders.
HomeKitchen recommends that Makers obtain appropriate insurance for selling food from their Menu. Please review any insurance policy that you may have for your Menu carefully, and in particular please 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 Buyers.
By using the Site or Application you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User/s or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy on HomeKitchen with respect to such acts or omissions. This limitation shall not apply to any claim by a Maker against HomeKitchen regarding the remittance of payments received from a Buyer by HomeKitchen on behalf of a Maker, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability".
As between you and HomeKitchen, HomeKitchen reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in HomeKitchen’s sole discretion. We will notify you of all changes. The new charges shall only apply to transactions entered into after the notification has been sent to you
HomeKitchen may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
HomeKitchen doesn’t accept payment via online. Buyer needs to make payment to Maker directly.
As a condition of HomeKitchen enabling payment processing services through Stripe, you agree to provide HomeKitchen accurate and complete information about you and your business, and you authorise HomeKitchen to share it and transaction information related to your use of the payment processing services provided by Stripe.
Refunds will be at the discretion of HomeKitchen. Please contact HomeKitchen at email@example.com.
you either are the sole and exclusive owner of all User Content that you make available through the Site and Application or you have all rights, licenses, consents and releases that are necessary to grant to HomeKitchen the rights in such User Content, as contemplated under these Terms; and
neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or HomeKitchen’ use of the User Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape," “crawl" or “spider" any web pages or other services contained in the Site and Application or Collective Content;
Access or use our Site and Application to use, expose, or allow to be used or exposed, any HomeKitchen Content:
that is not publicly displayed by HomeKitchen in its search results pages or listing pages;
in any way that otherwise violates the privacy rights or any other rights of HomeKitchen’s users or any other third party;
use the Site and Application or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access or use any information contained on the Site and Application or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site or Application including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site and Application or Collective Content in connection with the distribution of unsolicited commercial email (spam) or advertisements unrelated to lodging in a private residence;
“stalk" or harass any other user of our Site and Application or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a HomeKitchen Maker or Buyer;
offer, as a Maker, any goods or services that you do not yourself own, create or have permission to create;
register for more than one HomeKitchen Account or register for an HomeKitchen Account on behalf of an individual other than yourself;
contact a Maker or Buyer for any purpose other than asking a question related to transacting on HomeKitchen or use of the Site and Application;
recruit or otherwise solicit any Maker or other User to join third-party services or websites that are competitive to HomeKitchen, without HomeKitchen’ prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site and Application or Collective Content;
use the Site and Application or Collective Content to find a Maker or Buyer and then complete a transaction independent of the Site or Application in order to circumvent the obligation to pay any Service Fees related to HomeKitchen’ provision of the Services or for any other reasons;
as a Maker, submit any Menu with false or misleading price information, or submit any Menu with a price that you do not intend to honour;
Post, upload, publish, submit or transmit any Content that:
infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any other person; or
promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site and Application or Collective Content, or any individual element within the Site and Application or Collective Content, HomeKitchen’ name, any HomeKitchen trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Application without HomeKitchen’ express written consent;
access, tamper with, or use non-public areas of the Site or Application HomeKitchen’ computer systems, or the technical delivery systems of HomeKitchen’ providers;
attempt to probe, scan, or test the vulnerability of any HomeKitchen system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HomeKitchen or any of HomeKitchen’ providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
advocate, encourage, or assist any third party in doing any of the foregoing; or
accept or make a payment outside of HomeKitchen. If you do so, you acknowledge and agree that you:
would be in breach of these Terms;
accept all risks and responsibility for such payment, and
hold HomeKitchen harmless from any liability for such payment.
HomeKitchen has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
HomeKitchen may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to:
respond to claims asserted against HomeKitchen or to comply with legal process (for example, subpoenas or warrants);
for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or
protect the rights, property or safety of HomeKitchen, its users, or members of the public.
You acknowledge that HomeKitchen has no obligation to monitor your access to or use of the Site and Application or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Site and Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
HomeKitchen reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that HomeKitchen, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site and Application, and Collective Content are protected by copyright, trademark, and other laws of Australia and other countries. You acknowledge and agree that the Site and Application and Collective Content, including all associated intellectual property rights, are the exclusive property of HomeKitchen and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Application, or Collective Content.
a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use; and
a limited, non-exclusive, non-transferable license, to access and view any HomeKitchen Content solely for your personal and non-commercial purposes; and
access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
It is an essential term of the license that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site and Application, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HomeKitchen or its licensors, except for the licenses and rights expressly granted in these Terms.
the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by HomeKitchen of such websites or resources or the content, products, opinions or services available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
HomeKitchen respects copyright law and expects its users to do the same. It is HomeKitchen’ policy to terminate in appropriate circumstances the HomeKitchen Accounts of Users or other account holders who infringe or are believed to be infringing the rights of copyright holders.
your HomeKitchen Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site and Application, your HomeKitchen Account, your User Content, or receive assistance from HomeKitchen Customer Service;
any pending or accepted future orders as either Maker or Buyer will be immediately terminated;
we may communicate to your Buyers or Makers that a potential or confirmed order has been cancelled;
we may refund your Buyers in full for any and all confirmed orders, irrespective of pre-existing cancellation policies;
we may contact your Buyers to inform them about potential alternate Menus with other Makers that may be available on the Site and Application; and
you will not be entitled to any compensation for orders (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your HomeKitchen Account.
You may cancel your HomeKitchen Account at any time via the “Cancel Account" feature of the Services or by sending us an email. Please note that if your HomeKitchen Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Application, including, but not limited to, any reviews or Feedback.
No advice or information, whether oral or written, obtained from HomeKitchen or through the Site and Application or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the site or application including, but not limited to, any Makers or Buyers. HomeKitchen makes no representations or warranties as to the conduct of users of the Site, Application or Services or their compatibility with any current or future users of the Site, Application or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Application including, but not limited to, Buyers and Makers, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by HomeKitchen.
Notwithstanding HomeKitchen’ appointment as the limited payment collection agent of the Makers for the purpose of accepting payments from Buyers on behalf of the Makers, HomeKitchen explicitly disclaims all liability for any act or omission of any Marker, Buyer or other third party.
You agree to release, defend, indemnify, and hold HomeKitchen and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your:
including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your ordering or consumption of any food.
The following applies to any Application accessed through or downloaded from the Apple App Store (App Store Sourced Application):
Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between HomeKitchen and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HomeKitchen.
You and HomeKitchen acknowledge that, as between HomeKitchen and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
product liability claims;
any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation.
You and HomeKitchen acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between HomeKitchen and Apple, HomeKitchen, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and HomeKitchen acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
If you become aware of a User wrongfully utilising the Site or Application or breaching any of these Terms, you are requested to immediately report such conduct to HomeKitchen.
These Terms constitute the entire and exclusive understanding and agreement between HomeKitchen and you regarding the Site and Application, Collective Content, and any orders from Menus made via the Site and Application, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HomeKitchen and you regarding orders from Menus made via the Site and Application, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without HomeKitchen’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HomeKitchen may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
via email (in each case to the address that you provide); or
by posting to the Site or via the Application.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of New South Wales and Australia. The parties agree to submit to the jurisdiction of the courts of that New South Wales Australia.
HomeKitchen may, but is not obliged to investigate claims by Users in relation to the provision of services by Makers to Buyers. All claims by or between Users are personal to those Users. You agree to release and discharge HomeKitchen from all claims and liabilities in relation to such claims.
You and HomeKitchen agree that any dispute, claim or controversy arising out of or relating to these Terms will initially be subject to mediation, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Nothing contained in these Terms shall constitute the relationship of partnership, joint venture, principal and agent or employer and employee between any of the parties. Save as expressly permitted under these Terms, no party may act nor has the authority to act as agent of, or to bind any other party to any obligation and no party shall hold itself out as being the agent of the other party or as having the authority to bind the other party.
If you have any questions about these Terms please contact HomeKitchen