June 1, 2020
Last Update: June 24, 2020
Grubie Ltd with company number 12594930 (hereafter referred to as "Grubie", "we", "us", or "our") provides an online platform where Cooks can create Listings for Services and Customers may order Services from Cooks (collectively, the “Services”).
The Services are accessible at www.Grubie.co.uk and any other websites through which Grubie makes the Services available (collectively, the “Site”).
Please note that, Grubie is not a party to any agreement(s) entered into between Cooks and Customers, nor is Grubie an agent or insurer. Grubie has no control over the conduct of Cooks, Customers, guests or other users of the Site and services and disclaims all liability in this regard.
Your access and use of the Site and Application constitutes your agreement to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services.
These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Grubie.
If you are not acting on a personal account and you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
Grubie Content means all Content that Grubie makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.
Collective Content means Member Content and Grubie Content.
Content means any and all text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
Customer means a Member who orders a Service via the Site.
Cook or Chef means a Member who creates a Listing via the Site.
Listing means a Service that is listed by a Cook as available for purchase via the Site.
Member means a person who completes Grubie’s account registration process, including, but not limited, to Cooks and Customers, as described under “Account Registration” below.
Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
Tax or Taxes mean all direct and indirect taxes, value added tax (VAT) and other similar income taxes. Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.
Grubie reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification.
By continuing to access or use the Site or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are confirming that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older or by entities incorporated. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
All cooks are required to be registered with the local council and obtain a minimum Food Hygiene rating of 3 stars as well as their Food Hygiene Level 2 Certificate before being approved as a Home Cook unless otherwise stated by GRUBie.
The Site is used to facilitate the listing of Cooks (“Services”). Such Services are included in Listings on the Site by Cooks. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Service or create a Listing, you must first register to create a Grubie Account (defined below).
Grubie is not an owner or operator of an agency, including, but not limited to, Cooks, catering services, restaurants, food professionals or Services.
Grubie’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Cook for the purpose of accepting payments from Customers on behalf of the Cook.
Please note that the Site and Services are intended to be used to facilitate the booking of services. Grubie cannot and does not control the Content contained in any Listings and the condition, legality or suitability of any Services. Grubie is not responsible for and disclaims any and all liability related to any and all Listings and Services. Accordingly, any purchases will be made at the Customer’s own risk.
5.1. Account Registration
In order to access certain features of the Site and Application, and to purchase a Service or create a Listing, you must register to create an account (“Grubie Account”) and become a Member of the Platform. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, from here on a “Third Party Account”, via our Site or Application, as described below.
As part of the functionality of the Site and Services, you may link your Grubie Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Grubie through the Site, Services or Application; or (ii) allowing Grubie to access your Third Party Account, as is 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 Grubie and/or grant Grubie 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 Grubie to pay any fees or making Grubie subject to any usage limitations imposed by such third party service providers.
By granting Grubie access to any Third Party Accounts, you understand that Grubie will 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, Services and Application via your Grubie Account and Grubie Account profile page.
Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, Personal Information that you post to your Third Party Accounts will be available on and through your Grubie Account on the Site, Services and Application.
Grubie makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Grubie is not responsible for any SNS Content.
We will create your Grubie Account and your Grubie Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) of the same Customer or Cook active Grubie Account, however you may have one (1) of each Customer and Cook Accounts.
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. Grubie reserves the right to suspend or terminate your Grubie Account and your access to the Site and Services if you create more than one (1) Grubie Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password and 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 Grubie Account, whether or not you have authorised such activities or actions. You will immediately notify Grubie of any unauthorised use of your Grubie Account.
5.2. Cook Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Services to be listed, including, but not limited to, the location, past work history, ingredients, availability of the Services and pricing and related rules and financial terms.
Listings will be made publicly available via the Site and Services. Other Members will be able to purchase your Services via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Customer purchases your Services, the price for such booking may not be altered.
You represent and warrant that any Listing you post and the purchase there of, or Customer engagement, with Services in a Listing you post (a) contains true and accurate information regarding the Service (b) will not breach any agreements you have entered into with any third parties and (c) will (i) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Listing you post, including, but not limited to, any business licensing requirements, or any requirements set by the Food Standard Agency and (ii) not conflict with the rights of third parties.
Please note that Grubie assumes no responsibility for a Cook’s compliance with any applicable laws, rules and regulations. Grubie reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Grubie, 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 understand and agree that Grubie does not act as an insurer or as a contracting agent for you as a Cook. If a Customer requests purchases of your Services, any agreement you enter into with such Customer is between you and the Customer; and Grubie is not a party thereto. Notwithstanding the foregoing, Grubie serves as the limited authorised agent of the Cook for the purpose of accepting payments from Customers on behalf of the Cook and is responsible for transmitting such payments to the Cook.
While Grubie may make attempts to verify users, through the collection of information pertaining to name, email/Facebook details, phone number, address and payment information, Grubie cannot guarantee the accuracy of the information provided to it.
You acknowledge and agree that, as a Cook, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you retain to provide your Services.
Grubie recommends that Cooks obtain appropriate insurance for their Services. Please review any insurance policy that you may have for your Services 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 Customers (and the individuals the Customer invites to the Services, if applicable) while providing your Services.
5.3. No Endorsement
Grubie does not endorse any Members or any Services. Although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services. Grubie is not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Grubie with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
This limitation shall not apply to any claim by a Cook against Grubie regarding the remittance of payments received from a Customer by Grubie on behalf of a Cook, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
5.4. Appointment of Grubie as Payment Agent for Cook
Each Cook hereby appoints Grubie as the Cook’s limited agent solely for the purpose of collecting payments made by Customers on behalf of the Cook. Each Cook agrees that payment made by a Customer to Grubie shall be considered the same as a payment made directly to the Cook and the Cook will make the Services available to Customer in the agreed upon manner as if the Cook has received the Cook’s Fees.
Each Cook agrees that, Grubie may, in accordance with the cancellation policy selected by the Cook and reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund to the Customer that portion of the Cook’s Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorised agent of the Cook, Grubie assumes no liability for any acts or omissions of the Cook.
5.5. Bookings and Financial Terms for Customers
The Cooks shall be solely responsible for honouring any purchase and making available any Services ordered through the Site and Services. If you, as a Customer, choose to enter into a transaction with a Cook for the purchase of a Service, you agree and understand that you will be required to enter into an agreement with the Cook and agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Cook.
You acknowledge and agree that you, and not Grubie, will be solely responsible for performing the obligations of any such agreements, that Grubie is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Grubie disclaims all liability arising from or related to any such agreements.
You acknowledge and agree that, notwithstanding the fact that Grubie is not a party to the agreement between you and the Cook, Grubie acts as the Cook’s payment agent for the limited purpose of accepting payments from you on behalf of the Cook.
Upon your payment of amounts to Grubie which are due to the Cook, your payment obligation to the Cook for such amounts is extinguished, and Grubie is responsible for remitting such amounts, less Grubie’s Fees, to the Cook.
Any order of Services will specify the Total Fees. You agree to pay Grubie for the Total Fees for any order requested in connection with your Grubie Account if such requested bookings are confirmed by the applicable Cook.
Once Grubie receives confirmation of your order from the applicable Cook, Grubie will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Grubie cannot control any fees that may be charged to a Customer by his or her bank related to Grubie’s collection of the Total Fees, and Grubie disclaims all liability in this regard.
In connection with your order, you will be asked to provide customary billing information such as name, billing address, and credit card information either to Grubie or its third party payment processor.
You agree to pay Grubie for any confirmed order made in connection with your Grubie Account in accordance with these Terms by one of the methods described on the Site or Application.
You hereby authorise the collection of such amounts by charging the card provided as part of the order, either directly by Grubie or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application.
Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.
In consideration for providing the Services, Grubie collects service fees from Cooks and Customers (“Service Fees”).
Service Fees for the customer is made up of (1) component: a transaction fee to cover any business related operating costs we provide to the customer.
Service Fees for the cook are made up of (1) component: a fee that is charged to the Cook based upon a percentage (20%) of the amount of the Total Fees (“Cook Payment Fees”), where applicable, Taxes may also be charged.
Cook Payment Fees are deducted from the Total Fees before remitting the Cook’s Fees to the Cook, within 7 business days from time of service. Transaction Fees are, as noted above, included in the Total Fees. Balances will be remitted by Grubie to Cooks via bank transfer or other payment methods described on the Site. Except as otherwise provided herein, Service Fees are non-refundable.
If a Cook is unable to complete the order for the Services for any reason after accepting, the Cook must inform the Customer of this and cancel the order on the Platform. If you have already paid for the Services, we will refund you the full amount within five to ten working days.
Once you, as Customer, have submitted your order and your payment has been authorised as per above, you will not be entitled to change or cancel your order in any way, nor will you be entitled to a refund of any kind.
However, as a gesture of goodwill only, in the event that you wish to change or cancel your order, you may contact us and we will contact the Seller in order to communicate your request. Please note that there is no guarantee that we will be able to reach the Seller or that the Seller will agree to your request, and we shall not be held responsible in any way if the Seller does not agree to your request.
As a Cook you are responsible for orders you accept. If cancelled after accepting, Grubie will refund the full sum to the customer. Any fees incurred to Grubie during this transaction will be deducted from the Cooks outstanding balance.
7.1. Responsibility for any Problems
As a Cook, you are responsible for any Service you offer and product you sell. You acknowledge and agree that, as a Cook, 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 assist you with providing your Service.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
- violate any local or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including but not limited to, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site 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 or Services in connection with the distribution of unsolicited commercial email ("spam");
- "stalk" or otherwise harass in any way any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Grubie Customer or Cook;
- register for more than one (1) of the same Customer or Cook active Grubie Account, however you may have one (1) of each Customer and Cook Accounts.
- register for a Grubie Account on behalf of an individual other than yourself
- when acting as a Customer or otherwise, recruit or otherwise solicit any Cook or other Member to perform services outside these Terms or join third party services or websites that are competitive to Grubie;
- 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 or otherwise interact with the Site or Services;
- use the Site and Services to find a Cook or Customer and then complete an order of a transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees related to Grubie’s provision of the Services;
- as a Cook, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour;
- or 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 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 or Application, or any individual element within the Site, Services, or Application, Grubie’s name, any Grubie trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Grubie’s express written consent;
- access, tamper with, or use non-public areas of the Site or Application, Grubie’s computer systems, or the technical delivery systems of Grubie’s providers;
- attempt to probe, scan, or test the vulnerability of any Grubie system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Grubie or any of Grubie’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Grubie has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Grubie reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Grubie, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of England and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Grubie 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, Services, or Collective Content.
9.2. Grubie Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Grubie grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Grubie Content solely for your personal and non-commercial purposes and (ii) access and view any Member 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.
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, Services, 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 Grubie or its licensors, except for the licenses and rights expressly granted in these Terms.
9.3. Member Content
We may, at our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Grubie a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services.
Grubie does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Grubie the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Grubie’s use of the Member Content (or any portion thereof) on, through or by means of the Site 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.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Grubie is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) 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 Grubie of such websites or resources or the content, products, 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.
9.5. Intellectual Property
All trademarks, service marks, logos, trade names and any other proprietary designations of Grubie used herein are trademarks or registered trademarks of Grubie. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Grubie respects copyright law and expects its users to do the same. It is Grubie’s policy to terminate in appropriate circumstances the Grubie Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.
We may, at 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 and Services, and (b) deactivate or cancel your Grubie Account.
Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you, but may set-off such amounts against any costs or expenses incurred by Grubie in the event of a breach of these Terms.
In the event Grubie terminates these Terms, or your access to our Site and Services or deactivates or cancels your Grubie Account you will remain liable for all amounts due hereunder.
You may cancel your Grubie Account at any time via the “Cancel Account” feature of the Services or by sending an email to info@Grubie.co.uk . Please note that if your Grubie Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
You acknowledge and agree that, to the extent permitted by law, the entire risk arising out of your access to and use of the Site, Services and Collective Content, your listing or booking from any listing via the Site and Services and any contact you have with other users of Grubie remains with you.
Neither Grubie nor any other party involved in creating, producing, or delivering the Site, Services or Collective Content will be held liable for any loss or damage arising in any way from your use of the Site, Services or Collective Content.
You agree to release, defend, indemnify, and hold Grubie 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 (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Cook, (iii) creation of a Listing or (iv) use of the Services, 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 a booking.
11.2. Reporting Misconduct
If as a Customer, you hire a Cook OR as a Cook, accept a booking from a Customer who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Grubie by contacting us with your police station and report number at email@example.com provided that your 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 may not assign or transfer these Terms, by operation of law or otherwise, without Grubie’s prior written consent. Grubie 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.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Grubie (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms shall be governed by and interpreted in accordance with the laws of England. You and we agree to submit to the exclusive jurisdiction of the courts of England for all disputes arising from the use of the Site or Application.
The failure of Grubie to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Grubie. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions shall remain in effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact Grubie at firstname.lastname@example.org.
These Terms constitute the entire and exclusive understanding and agreement between Grubie and you regarding the Site, Services, Collective Content and any bookings or Listings of Services made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Grubie and you regarding bookings or listings of Services, the Site, Services and Collective Content.
If you choose to use the Site, and Services, you do so at your sole risk. You acknowledge and agree that Grubie does not have an obligation to conduct background checks on any member, including, but not limited to, Customers and Cooks, but may conduct such background checks in its sole discretion. The Site, Services, and Collective Content are provided on an “as is” basis, without warranty of any kind, either express or implied besides those implied at law.
Grubie makes no warranty that the Site, Services, Collective Content, including, but not limited to, the Listings, will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Grubie makes no warranty regarding the quality of any Listings, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site, or Services.
No advice or information, whether oral or written, obtained from Grubie or through the Site, Services 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 or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Cooks or Customers. You understand that Grubie does not make any attempt to verify the statements of users of the Site or Services or to review Listings. Grubie makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Customers and Cooks.
Notwithstanding Grubie’s appointment as the limited agent of the cooks for the purpose of accepting payments from Customers on behalf of the Cooks, Grubie explicitly disclaims all liability for any act or omission of any customer or other third party.