Last Revised: Jan 3rd, 2019
EatingNetwork Ltd. Is an online platform for communal dining available at https://www.EatingNetwork.com (the “Site”), which offers a service for people to host food events and for Guests to enjoy food events. Meals/Events offered on the platform are created by registered Hosts and enjoyed by registered Guests.
EatingNetwork makes available a marketplace for Host(s) and Guest(s) to connect online. EatingNetwork is not an owner or operator of food establishments, including, but not limited to, restaurants or such establishments. EatingNetwork does not cook or provide food materials for Host(s). EatingNetwork’s role is solely to facilitate the availability of food events created by registered Hosts. EatingNetwork is not a contracting agent or representative of any Host. EatingNetwork’s role is solely to facilitate the availability of the Site, Platform, Application and Services for users (Guests and or Hosts) and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, PLATFORM, APPLICATION AND SERVICES ARE INTENDED TO BE USED ONLY TO FACILITATE THE BOOKING OF MEALS. EATINGNETWORK CANNOT AND DOES NOT CONTROL THE INGREDIENTS CONTAINED IN ANY MEALS NOR THE QUALITY, CONDITION, LEGALITY OR SUITABILITY OF ANY MEALS OR PREMISES. EATINGNETWORK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MEALS, EVENTS, INTERACTIONS AND EXPERIENCES BETWEEN HOSTS AND GUESTS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
Acceptance of terms
EatingNetwork (hereafter referred to a ‘company’, EatingNetwork’, ‘we’, ‘us’ or ‘our’) is an online platform comprised of the Site (Website), Platform, Application and Services through which Hosts may create homemade food or drink events and Guests may learn about and book food or drink events directly with the Hosts via the website. You understand and agree that EatingNetwork is not party to any agreements entered into between Hosts and Guests. EatingNetwork has no control over the conduct of Hosts, Guests or other users of the Site, Platform, Application and Services of any food or drink event and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to use or participate in any part of the Site, Platform, Application or Services, you do so at your own sole risk. You acknowledge that EatingNetwork does not have an obligation to conduct background, including criminal or registered sex offender checks of any Host, Guest or other users of the site.
By accessing, browsing, downloading or uploading any content, and/or otherwise using EatingNetwork in any way, you acknowledge that you have read, understood and agree to the Terms, and that the Terms constitute a binding and enforceable legal contract between EatingNetwork and any person using, accessing, browsing or connecting to EatingNetwork in any way, regardless of whether or not you have registered with the site.
If you do not agree to these terms, then you have no right to access or use the EatingNetwork site or service.
What is EatingNetwork?
EatingNetwork is an online platform comprised of the Site (Website), Platform, Application and Service through which registered hosts may create homemade food or drink events and registered Guests may book food or drink events directly with the Hosts via the Site. EatingNetwork facilitates an online platform for Hosts to offer their hospitality, food and dining facilities or takeaway option to Guests who pay to participate in food or drink events advertised on the Site.
As either a Host or Guest, participating in any food or drink event, or other activity that results either directly or indirectly from using EatingNetwork, is entirely at your own risk. By using or accessing EatingNetwork you understand and agree that EatingNetwork is not party to any agreements entered into between Hosts and Guest; it does not operate as a place of business for vending food or drink of any sort. EatingNetwork has no control over the conduct or food/drink quality or service of Hosts, Guests or other users of the Site and disclaims all responsibility in this regard. The user has sole responsibility to comply with all laws, regulations and any other duties relating to the food or drink event. EatingNetwork will not be liable for any loss, damage, illness, cost or expense that you may suffer or incur as a result of or in connection with your participation of any food or drink event entered into through the Site as a user or third party.
All users of the Site, Platform, Application and Services are intended for persons of 18 years or older. By registering with EatingNetwork, you confirm that you are 18 years of age or older and you accept the Terms.
Users may register as a Host and/or Guest of the Site, Platform, Application and Service. Hosts and Guests are required to create an account. The registration is free of charge. Registration can be done by completing the registration form available on the Site. You will receive a confirmation e-mail after you register and another email when your account will be established. You may not have more than one (1) active EatingNetwork account.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. EatingNetwork reserves the right to suspend or terminate your EatingNetwork Account and your access to the Site, Platform, Application and Services if you create more than one (1) EatingNetwork account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are fully responsible for maintaining and safeguarding the confidentiality of your password and account. 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 EatingNetwork Account, whether or not you have authorised such activities or actions. You will immediately notify EatingNetwork of any unauthorised use of your EatingNetwork account.
EatingNetwork does not endorse any Hosts or Guests, any Events or any Users Content. While Users are required to provide accurate information, we do not attempt to confirm, and do not confirm, any Users identity. You are responsible for determining the identity and suitability of others you contact via the Site, Platform, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Users. By using the Site, Platform, Application or Services, 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 and you agree not to seek liability or any legal remedy from EatingNetwork with respect to such actions or omissions. EatingNetwork holds no responsibility for the actions of its Users and as such agree that EatingNetwork will not become involved in any litigation proceedings between Users, Guests and/or third parties. EatingNetwork recommends Hosts obtain appropriate insurance for undertaking their events.
Events and Meals
As a User, you may create food events and become a Host. To become a Host the Site will ask a number of mandatory questions about the event to be listed, including, but not limited to, the location, maximum Guests to attend, about you, menu and courses, profile information, date of events, pricing, amenities and financial terms. In order for your event to be approved, all events must have valid physical addresses. Events will be made publicly available via the Site, Platform, Application and Services. Other Users will be able to book your event via the Site, Platform, Application and Services based upon the information provided in your Event. Details of events may not be changed once booked without the written consent of the confirmed Guest and EatingNetwork.
You agree that you are solely responsible for any and all events you post. Any event you post shall comply with agreements entered with third parties and comply with all applicable laws, taxes, rules and regulations associated with the facilitation, delivery and running of events. We assume no responsibility for the non-compliance with any applicable laws, rules and regulations. You agree not to invite any other person to the event other than the registered and approved guest of EatingNetwork.
EatingNetwork does not act as an insurer or as a contracting agent for, or representative of, you as a Host, EatingNetwork does not guarantee Guest enjoyment or satisfaction of any event. You agree that EatingNetwork serves as a payment collection agent between Hosts and Guests.
EatingNetwork reserves the right, at any time and without prior notice, to remove or disable access to or cancel any event for any reason.
As a Host you will have 24 hours to respond to event requests by Guest using the Site, Platform, Application and Service. You may either accept or reject the booking request. If you do not respond the booking request will be automatically cancelled and you as a Host will no longer be able to accept or reject the booking. Any amount owing (the total booking amount) will be refunded to the Guest and the Host will not receive any amount.
Once you confirm the booking, (unless if you hear otherwise from either the Guest or EatingNetwork of a cancellation (please see cancellation of booking below)) then you’re ready to Host.
The total booking amount is made up of the reservation amount and service fee. The reservation amount is determined by the Host. EatingNetwork charges a service fee based upon a percentage of the reservation amount.
The total booking amount (the reservation amount + service fee) will held by EatingNetwork at the time of the booking. The Host hereby appoints EatingNetwork as the Hosts limited payment collection agent solely for the purpose of accepting the total booking amount from Guests.
The reservation amount owing to the Host will be paid up to five (5) business days following the event. Any booking amount received by Hosts are subject to fees paid to the Third party (i.e. Stripe).
EatingNetwork reserves the right to charge back from Hosts the total booking amount of a food event if EatingNetwork is obliged to provide a refund to a Guest due to customer complaint and/or EatingNetwork believes the Host did not honour the standard and quality as described in the event booking, including but not limited to misconduct of the Host, quality of the food, timeliness of the event.
If the Host decides to offer a takeaway option, it is the Hosts responsibility to provide the packaging and delivery of the food items on the required date and time.
Guest Bookings and Payment
As a registered user, each Guest is welcome to make a booking through EatingNetwork’s online booking system with any Host food service offering through the Site, Platform, Application and Services. A Guest may pay for the event using the online booking system. As part of the booking the Guest will have an opportunity to provide details with respect to his/her booking (such as delivery information and or questions about the food offered and/or allergies. Please note that we do not keep such information, and it is your responsibility, and not ours, to inform your Host, in each booking you make through the Site, regarding your food and/or other allergies and/or other information you wish to provide your Host.
As a Guest, you agree to accept any terms, conditions, rules and restrictions associated with such event imposed by the Host. You understand that Hosts are solely responsible for honouring confirmed bookings as agreed through the Site, Platform, Application and Services.
Guests will be notified within 24 hours of when their booking is requested of the event has been accepted or not by the Host. If the booking is rejected or cancelled any amounts collected by EatingNetwork will be refunded to the Guest.
Once the Guest has requested a booking, the total booking amount will be held by EatingNetwork until your booking is confirmed by the Host. EatingNetwork will notify you by email that your booking is confirmed. The total booking amount is made up of a Reservation amount plus a service fee. The “Reservation amount” and the “Service Fee” are referred to collectively as the “total booking amount”. The price which is indicated in the Site reflects the total booking amount. The total booking amount charged from the Guest will be kept by EatingNetwork. The Reservation amount will be transferred to the respective Host up to five (5) business days following your arrival to your reserved food event and provided that no cancellation notification was made by you before that day (please see our Cancellation Policy below). The Host appoints EatingNetwork as the Host's limited agent solely for the purpose of collecting payment made by Guests on behalf of the Host.
As a Guest you pay a total booking amount. The total booking amount is inclusive of a service fee. The Host will receive the reservation amount within five (5) business days of the event. On receipt of the funds the reservation amount is subject to Stripe fees and therefore you may incur a deduction in the final amount you receive.
Please not that in addition to the above for any payments by EatingNetwork in currencies other than GBP, EatingNetwork may deduct foreign currency processing fees for such payments. Except otherwise provided, service fees are non-refundable.
Cancellation of booking
All bookings are subject to EatingNetwork’s cancellation policy, which is specified below:
If a booking is cancelled 48 hours or more prior to the food event by the Guest, then the Guest will receive the total booking amount less any commissions and fees paid to/by EatingNetwork. The Host shall not be paid any of the total booking amount.
If a booking is cancelled within 48 hours of the food event by the Guest, then the Guest shall not be entitled to any return, credit or reimbursement. The Host will receive the total booking amount less any commissions and fees paid to/by EatingNetwork.
If a booking is cancelled by the Host the Guest receives the total booking amount. Hosts are encouraged to provide at least 48 hours notice of any cancellation.
A booking shall be deemed cancelled only upon receipt of EatingNetwork’s confirmation of your cancellation. EatingNetwork reserves the right to cancel a booking at any time. In such circumstances the Guest shall receive a full refund of the total booking amount.
EatingNetwork will not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Host’s or Guest’s cancellation of a booking of a Food/Meal Event.
Damage to Host location
As a Guest you have a responsibility for treating the location in which the event is served in a respectful manner. You acknowledge and agree that, as a Guest you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the event. Hosts are recommended to obtain appropriate insurance for the event.
In use of our Site, Platform, Application and Service, there are a number of actions which are prohibited. You may not and you agree that you will not perform any of the below. Failure to comply may result in termination of your access to EatingNetwork.
You may not, whether by yourself or anyone on your behalf;
(a) Use our Site for any illegal, unlawful or unauthorized purposes;
(b) Use our Site in connection with the distribution of unsolicited commercial email ("spam");
(c) Do not allow access to your account to anyone other than yourself, including, without limitation, any persons who are under the age of 18;
(d) Using our site for commercial purposes (other than as a Host) without our express prior consent;
(e) Use, display or mirror the Site, or any individual element within the Site, EatingNetwork’s name, any EatingNetwork trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EatingNetwork’s express written consent;
(f) Collect data and information about other users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, or any such methods, use of any search or retrieval application, or use other automatic device, process or method to access EatingNetwork's Site and retrieve, index and/or data-mine any information. Violate other Users' rights to privacy and other rights;
(g) Interfere with or disrupt the operation of EatingNetwork's Site or the servers or networks that host EatingNetwork's Site;
(h) Falsely state, express or imply that the EatingNetwork endorses you, or any of your business or any statement you make, or present false or inaccurate information about the Site;
(i) Taking any action that creates an amount of unreasonable large load on our Site, Platform and Application infrastructure from our sole discretion;
(j) As a Host, providing false or inaccurate information with respect to the service you offer through EatingNetwork's Site and Services for Guests, including, but not limited to any representation you make with respect to your food events, which includes the hosting place, incompletion of a delivery service and the food you offer via EatingNetwork's Services;
(k) Avoid any measures we may use to prevent or restrict access to EatingNetwork's Site;
(l) Transmit, distribute, display or otherwise make available through or in connection with our Site any content, including user Generated Content, which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content;
(m) Systematically download and store all or any of the Content from the Site;
(n) Breach and/or violate any of the Terms.
Suspending, and or closing your account
You may suspend or terminate your account at anytime without prior notice.
Suspend or terminate your access to our Site, Platform, Application and Services.
Deactivate or cancel your EatingNetwork account.
EatingNetwork will pay you any amounts we owe you at our discretion. In the event of your access being terminated or suspended you will remain liable for all amounts that are due to EatingNetwork or thirdparites. If you wish to cancel your EatingNetwork account please send an email to email@example.com. Once your EatingNetwork account is cancelled we do not have an obligation to delete or return any of the content that you have or others have (including reviews) posted on the Site, Platform, Application and Service.
Feedback is welcome and we encourage users to do so. Comments and suggestions (feedback) can be submitted to EatingNetwork using the messaging system on the Site. When sending feedback you agree that all comments and suggestions will be exclusive property of EatingNetwork. You agree that all feedback is non-confidential and not subject to license terms that would require EatingNetwork to comply with any additional obligations with respect to any EatingNetwork current or future products, technologies or services that incorporate any Feedback.
EatingNetwork uses logos, marks, trademarks within the Site, Platform, Application or Service. All Site logos, marks, trademarks and names which appear on the Site belong to EatingNetwork or to their respective owners (third party marks). You agree that no such license or interest shall be asserted by you to use these respective marks.
We may, in our sole discretion, permit users to post, upload, publish, submit or transmit user content. You permit EatingNetwork to use, view, reproduce, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such user content whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels.
You acknowledge and agree that you are solely responsible for all user content that you make available through the Site, Platform, Application and Services. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all user content that you make available through the Site, Platform, Application and Services.
You agree that EatingNetwork may remove at any time any user content you have uploaded to the Site, Platform, Application and Services in its sole discretion with or without any reason.
EatingNetwork allows users to write text, upload images/text, post, and publish text material. Please be sure that when using the site that you respect any intellectual property and privacy rights. EatingNetwork will not take any responsibility for any loss or damage, cost or expense that you may suffer or incur as a result of or in connection to uploading any user content. The user is responsible for all published material and content and therefore you are responsible for all necessary licences, rights, consents and permissions from the rightful owners of such user content and that content does not breach any third party’s intellectual property rights or other rights.
The user is solely responsible to consent and ensure that they adhered to any applicable laws regarding the posting of information of others which is part of the user content.
The user can not include any unsolicited promotions or advertising.
You agree not to post or upload any user content that is unlawful (including but not limited to any content which is defamatory, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Any upload, post, published user content on the site is owned by EatingNetwork and gives EatingNetwork the rights and binding agreement to use such information.
EATINGNEWORK IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR ANY USER CONTENT UPLOAD, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE, OR FOR ANY LOSS OR DAMAGE, NOR IS EATINGNETWORK LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER.
The Site may not be available at times. We will ensure that the Site is ready and available as soon as possible if this occurs, however EatingNetwork does not warrant or guarantee the Site will operate at all times without disruption or interruption or that it will be immune from unauthorised access or be error-free.
The Site may need to be modified, changed or improved, and any such changes may be temporary or permanent to the Site. Such changes may be without notice. You agree that EatingNetwork shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.
Any user or other account holders are accountable to copyright laws. EatingNetwork is not responsible or liable for any infringements of copyright laws. EatingNetwork may terminate accounts in breach of applicable copyright laws.
IF YOU CHOOSE TO USE THE SITE, PLATFORM, APPLICATION, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EATINGNETWORK DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USERS, INCLUDING, BUT NOT LIMITED TO, HOSTS AND GUESTS. Everything on the site, the content, the service and the user content are provided on an “AS IS” and “AS available” basis. There is no warranty that the site will be secure, accurate, complete, uninterrupted, without issues or errors, free of viruses, defects, worms, other harmful components or other program limitations.
EATINGNETWORK MAKES NO WARRANTY THAT THE SITE, PLATFORM, APPLICATION, SERVICE, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO user content, THE events offered, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
EATINGNETWORK IS NOT AND SHALL NOT BE RESPONSIBLE FOR YOUR PARTICIPATION IN ANY FOOD EVENTS DISTRIBUTED THROUGH OUR SITE AND SERVICES, INCLUDING THE NATURE AND QUALITY OF THE FOOD SERVED IN SUCH EVENTS, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH OUR SITE AND SERVICES, INCLUDING BY HOSTS OR GUESTS.
EatingNetwork MAKES NO assurance REGARDING THE nature and QUALITY OF ANY food event or event, nor is EatingNetwork responsible for any error, fault or mistake of THE SERVICES OR CONTENT provided on the site OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, PLATFORM, APPLICATION and SERVICE.
All communications and or interactions you do with other users of the SITE, PLATFORM, APPLICATION AND SERVICE is at your discretion and solely your responsibility. This includes but not limited to any Hosts or Guests.
EatingNetwork does not attempt to verify the statements, user content of the users of the Site, Platform, Application and Service to review any food events. EatingNetwork makes no REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, PLATFORM, APPLICATION AND SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, PLATFORM, APPLICATION AND SERVICE.
Any third party operations that EatingNetwork associates with are offered on an “as is” basis and EatingNetwork is not responsible for any engagement with third party service operators.
Limitation of Liability
You agree that using EatingNetwork’s Site, Platform, Application and Services and participating in any food event associated with the Website is solely at your own risk. In no event shall EatingNetwork be liable for any damages whatsoever, including CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, PLATFORM, APPLICATION AND SERVICE OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, PLATFORM, APPLICATION AND SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PLATFORM, APPLICATION AND SERVICE, FROM YOUR event OR BOOKING OF ANY event (including takeaway) VIA THE SITE, PLATFORM, APPLICATION AND SERVICE, WHETHER BASED ON WARRANTY GUARANTEE OR CONDITION, BREACH OF CONTRACT, or NEGLIGENCE.
If either a Host or Guest is or has acted or is acting in an improper or inappropriate manner, including but not limited to, anyone who is offensive, violent or sexually inappropriate behaviour, stealing or suspected stealing from you or is engaging in other disturbing conduct, then you should report this person(s) to the appropriate authorities. Please let EatingNetwork know of such instances after you have reported those person(s) to the authorities by emailing firstname.lastname@example.org . Such report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You agree to release, defend, indemnify, and hold EatingNetwork and its affiliates and subsidiaries, and their officers, directors, employees and agents, free and harmless from and against any claims, liabilities, damages, losses, and expenses, arising out of or in any way connected with your access as a Host or Guest to or use of the Site, Platform, Application and Service, or your violation of these terms.
This includes but not limited too reasonable legal and accounting fees, arising out of or in any way connected with your user content, interactions with other users, booking of an event, creation of an event and injuries, damages or other claims to any persons present at the event.