TERMS OF SERVICE
1. AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you do not agree to the Terms, you are not authorized to access or otherwise use the Services.
3. OUR SERVICES
(a) We provide an online marketplace that enables Account holders who prepare cooked meals (each, a “Meal”) (“Home Chefs”) (“Chef”) (“Chefs”) (“Hawkers”) (Urban Chef”) to sell such Meals to Account holders who wish to purchase them (“Neighbours”) (“Tummy Heroes”) ("Users"). We do not sell Meals and we are not a party to the transactions between Chefs and Neighbours.
(b) We hold standards in high regard and want to make sure that both Chefs and Neighbours get the best experience from using our Services. We do not conduct background checks, vet or otherwise verify the identity, integrity, or trustworthiness of Chefs or any other Users. We also do not guarantee (i) the quality or safety of the Meals provided by Chefs, or (ii) the ability of Neighbours to pay for the Meals. We encourage you to exercise diligence and caution in all your interactions with other users when using the Services.
(c) You acknowledge and agree that Neighbours and Chefs are independent individuals acting at their own accord, at their own expense, through their own resources, and at their own risk.
4. CHANGES TO THE TERMS OR SERVICES
We may update these Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. WHO MAY USE THE SERVICES ?
(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Urban Tummy, and are not barred from using the Services under applicable law.
(b) Registration and Your Information. If you want to use the Services as a Chef or a Neighbour, you must create an account (an “Account”). You can do this via the Site or App.
(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
6. CHEF ACCOUNT
The following terms apply if you want to create an Account as a Chef:
(a) To create an Account as a Chef, you must create your account and submit via the Services additional information requested from you. As part of the questionnaire (and on an ongoing basis if and after your Chef Account is created), you must provide us with: (i) Government-issued identification card; (ii) Certified Food Handler Card (or Food Protection Manager certification) where applicable; and (iii) Seller’s Permit if applicable. You also agree to submit to an in-person visit your kitchen in which you will prepare the Meals (“Kitchen”), as well as to an in-person interview and/or a sample taste test. In addition, you may be required to provide information on your qualification as a Chef and the meals you intend to offer for sale (such as list of ingredients and other information that may be of interest to Neighbours).
(b) Submitting the above information to create a Chef Account does not guarantee that your Account will be approved. Conducting the review process and the decision on the approval of the Chef Account is in all aspects subject to our sole and absolute discretion. The title “Approved Chef” is granted to Chef applicants who meet regional safety and quality standards set by responsible entities within their region.
(c) Upon approval of your Chef Account, you will be allowed to complete your profile on the Services and start offering Meals for sale.
7. TERMS SPECIFIC TO CHEFS
If you are a Chef, you agree to the following terms:
(a) You agree to only offer to sell Meals through the Services that are made at the Kitchen in accordance with Section 6 above. You must update your Account to register a change of Kitchen as soon as reasonably possible. You agree not to sell Meals prepared at your new Kitchen unless and until the new Kitchen has been verified by us.
(b) You agree to personally (i) buy the ingredients for the Meals you offer to sell via the Services, and (ii) cook such Meals. You will not engage third-party services, with or without pay, for the purpose of preparing the Meals. You are responsible for all costs and expenses related to the preparation of the Meals and your use of the Services, including, without limitation, cooking tools and equipment, and ingredients.
(c) In order to maintain uniformity across the Services, we will provide you with guidelines for Meal size, portion configuration and material quality of containers for the Meals where applicable.
(d) You acknowledge and agree that Neighbours who purchase your Meals may provide public feedback about you and your Meals which may be visible to all users of the Services, and that you may not be given the opportunity to respond to such feedback. Such feedback may be in the form of star ratings, individual comments, and/or any other feedback mechanism that we make available on the Services at our sole discretion. You further acknowledge and agree that such feedback may be provided by Neighbours in person or on other digital platforms.
(e) You will consider providing (but are not obligated to provide) a sample of your choice as a special surprise treat to Neighbours who purchase your Meals, free of charge. By way of suggestion, this could be in the form of a tasting sample of one of your popular dishes.
(f) You acknowledge and agree that we do not have any obligation to pay you any monies – in cash, in kind, or otherwise
(g) You agree to comply at all times with all (i) standards of quality, safety and cleanliness required by us and communicated periodically to you via the Services, and (ii) applicable laws and regulations, including applicable food handling requirements, fire codes, zoning requirements and any required health and safety inspections. You are solely responsible for compliance with all such standards, laws and regulations, and you acknowledge and agree that approval of your Chef Account does not mean that we have vetted or otherwise verified your compliance with any laws or regulations. You also agree to maintain at all times all necessary licenses, permits, and certifications required to act as a Chef.
(h) As long as you comply with these Terms, you have the ultimate control over how frequently you prepare your Meals, when you prepare them, when and how you offer them for sale, how you price them, and how you prepare them in terms of recipe, groceries, materials used, and preparation process.
(i) You agree to comply with all commitments you make when you offer your Meals for sale through the Services, including the types of Meals you offer, the price of the Meal, and the date, time, and place at which it is being offered for pickup.
(j) You are solely responsible for calculating, collecting, and remitting any and all applicable taxes and other fees or payments, and completing and filing all necessary reports that may be applicable to you and your use of the Services. We are not your tax or legal advisor and we have no obligation to calculate, collect, and remit taxes or other fees and payments, or make any filings or submit reports, on your behalf. You are encouraged to seek the advice of legal, tax, or other professional counsel as regards your use of the Services.
8. TERMS SPECIFIC TO NEIGHBOURS
If you are a Neighbour, you agree to the following terms:
(a) By purchasing a Meal, you agree to take all necessary actions to pick up the Meal at the designated time and location.
(b) Chefs also offer you the option of having the Meal picked up and delivered to you via the Services upon payment of the Delivery Fee (as defined below). If you choose to have the Meal delivered to you via the Services instead of picking it up yourself, YOU ACKNOWLEDGE AND AGREE THAT THE DELIVERY SERVICES ARE PROVIDED BY Chefs AND their THIRD-PARTY DELIVERY SERVICE PROVIDERS.
(c) As stated in Section 3(b), we have a process in place to screen Chefs for compliance with food quality and safety standards. However, each Chef is solely responsible for compliance with laws and regulations applicable to the Chef activities in connection with the Services. You acknowledge and agree that approval of a Chef Account by us does not mean that we have vetted or otherwise verified the Chef compliance with any such laws and regulations.
(d) You acknowledge and agree that the information on the Meals displayed on the Services, including description, ingredient list, allergens and dietary tags, is provided by the Chef. We do not verify or guarantee the accuracy of any such information. You further acknowledge and agree that a Meal may be prepared in Chef kitchens using the same equipment that is used to prepare other allergens even if the allergen is marked as being absent from the Meal. We will not be responsible for any illness, health problem or other loss or damage resulting from your reliance on the information on the Meals displayed on the Services, or from your consumption of the Meals.
(e) It is your responsibility to ensure that the Meal purchased by you is safe to eat. If you experience a food safety issue with your Meal, you can submit a Food Safety Complaint to us via email at [email protected]
(f) You acknowledge and agree that Chef may refuse service to anyone based at their own discretion, including if you violate these Terms.
(g) You acknowledge and agree other users of the Services may provide public feedback about you, which may be visible to all users of the Services, and that you may not be given the opportunity to respond to such feedback directly on the Services. Such feedback may be in the form of star ratings, individual comments, and/or any other feedback mechanism available on the Services at our sole discretion. You further acknowledge and agree that such feedback may be provided by users in-person or on other digital platforms.
9. PAYMENT AND FEES
“Delivery Fee” means the fee charged by a Chef/Urban Tummy to the Neighbour if the Neighbour choses to have the Meal delivered to him/her via the Services.
“Earnings” means the monies a Chef earns through selling a Meal via the Services, equal to the amounts paid by Neighbours for Meals and actually received by Chef or Urban Tummy, calculated as the Meal Price less the Chef Service Fee.
“Chef Service Fee” means the fee charged by Urban Tummy to the Chef for using the Services, equal to 0 percent (0%) of the Meal Price.
“Meal Price” means the price of the Meal determined by the Chef and payable by the Neighbour. The Meal Price does not include applicable sales or other taxes and charges payable by the Neighbour.
“Platform Fee” means the fee charged by Urban Tummy to the Neighbour for using the Services.
(b) Opening an Account. Opening an Account on the Services is free.
(c) Terms applicable to Chef. If you are a Chef, you agree that we might act as a limited payment collection agent for the sole purpose of collecting payments from Neighbours on your behalf and remitting the payments to you, net our Platform fee and delivery fee (if applicable). You further agree that:
- We require payment of the Chef Service Fee when you sell a Meal via the Services. You agree that the Chef Service Fee will be deducted and retained by Urban Tummy from the Meal Price paid by the Neighbour when you sell a Meal via the Services (i.e., before your Earnings are remitted to you).
- We reserve the right to make any changes in the Chef Service Fee at our sole and absolute discretion.We may decide to offer incentives, discounts, and/or other promotions at our sole and absolute discretion and such offerings may be subject to additional terms and conditions.
- Earnings will be remitted to you after 30 days of receiving the payment from neighbours
- You represent and warrant that you have the legal right to use all payment method(s) represented by any such Chef Payment Information. It is your responsibility to ensure that your Chef Payment Information is accurate, complete and up-to-date. We will not be responsible for the failure to complete the remittance of any Earnings to you if you provide inaccurate or incomplete Chef Payment Information.
- For the avoidance of doubt, Urban Tummy only has an obligation and will only remit Earnings calculated based on amounts actually collected and received by Urban Tummy from Neighbours.
- If you have any questions about the calculation or payment of your Earnings, please contact Urban Tummy at [email protected]
(d) Terms applicable to Neighbours. If you are a Neighbour, you agree to the following terms:
- You agree to pay the Platform Fee when you purchase a Meal via the Services (each purchase, a “Transaction”).
- In addition to the Platform Fee for each Transaction, you agree to pay the corresponding Meal Price and, if applicable, Delivery Fee. You expressly authorize us (or our third-party payment processor) to charge you for each such Transaction (plus any applicable sales or other taxes and other charges). We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Neighbour Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Neighbour Payment Information. When you initiate a Transaction, you authorize us to provide your Neighbour Payment Information to third parties so we can complete your Transaction and to charge your payment method for the Transaction (plus any applicable sales or other taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Neighbour Payment Information).
- We reserve the right to make any changes in the Platform Fee at our sole and absolute discretion. We may decide to offer discounts and/or other promotions at our sole and absolute discretion and such offerings may be subject to additional terms and conditions.
Neigbours are allowed to cancel their orders after placing, by reaching out to Urban Tummy support before a Chef accepts their order.
Chefs are allowed to reject/cancel an order before their acceptance.
11. CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL
Urban tummy allows chefs and neighbours to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).
You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.
You acknowledge that Urban Tummy does not pre-screen Content uploaded by Chefs and Neighbours. Urban Tummy shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Urban Tummy shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:
- If the Content is in breach of these Terms.
- If Urban Tummy has received a complaint or notice of infringement in respect of the Content.
- If the Content is otherwise objectionable.
Urban Tummy may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]
13. RIGHTS AND TERMS FOR APPS
Rights in App Granted by Urban Tummy. Subject to your compliance with these Terms, Urban Tummy grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Urban Tummy reserves all rights in and to the App not expressly granted to you under these Terms.
14. PROHIBITED USE POLICY
You agree not to do any of the following
(a) Post, upload, publish, submit or transmit any User Content that: (i) 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; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Connect with, solicit, or otherwise engage with other users of the Services for any reason other than as envisioned by the Services in connection with our business line;
(c) Use, display, mirror or frame the Services or any individual element within the Services, Urban Tummy name, any Urban Tummy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Urban Tummy express written consent;
(d) Attempt to probe, scan or test the vulnerability of any Urban Tummy system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Urban Tummy or any of Urban Tummy providers or any other third party (including another user) to protect the Services or Content;
(g) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Urban Tummy or other generally available third-party web browsers;
(h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(i) Use any meta tags or other hidden text or metadata utilizing a Urban Tummy trademark, logo URL or product name without Urban Tummy’s express written consent;
(j) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(k) 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 Services or Content to send altered, deceptive or false source-identifying information;
(l) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(m) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(n) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(o) Impersonate or misrepresent your affiliation with any person or entity;
(p) Violate any applicable law or regulation; or
(q) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
(a) You may terminate your use of the Services at any time by cancelling or deleting your Account. You acknowledge that upon such cancellation or deletion, we may decide, at our sole and absolute discretion, to delete and/or no longer maintain any User Content that you have provided us. You hereby acknowledge and agree that we are in no way liable for any damage that this action may cause you.
(b) We may terminate your access to and use of the Services, at our sole and absolute discretion, which may be exercised with or without notice to you. Further, we reserve the right to suspend, deactivate, limit, or otherwise restrict your Account and your access to and use of the Services, in whole or in part, at our sole and absolute discretion, which may be exercised with or without notice to you. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.
(c) Notwithstanding the above, you have the right to request the deletion of your data. Email us at [email protected] from your registered email id requesting for data deletion.
16. INDEPENDANT RELATIONSHIP
You acknowledge and agree that you and Urban Tummy are not entering into an employment agreement, joint venture, partnership, or other relationship which gives rise to any rights and obligations other than those explicitly laid out in these Terms, and nothing in these Terms shall be construed as creating such a relationship between you and Urban Tummy . You and Urban Tummy are also not entering into an agency agreement, other than to the exclusive, limited extent of us acting as the Chef limited payment collection agent. You and Urban Tummy are acting on an independent basis. You may not incur any obligations on behalf of Urban Tummy, you may not bind Urban Tummy, and you may not hold yourself out as representing Urban Tummy in any capacity or manner.
17. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITIES
(a) Representations and Warranties
You acknowledge and agree that the content on Urban Tummy are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, meals, products or services accessed or obtained thereby is at your sole risk and discretion. While Urban Tummy makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
(b) Limitation of Liability
To the extent permitted by law, Urban Tummy (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Urban Tummy entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Urban Tummy entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Urban Tummy, the Urban Tummy entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
(c) Chefs representations
Urban Tummy shall neither be liable for actions or omissions of the Chefs nor Neighbours in regard to provision of the Meals. Urban Tummy does not assume any liability for the quantity, quality, condition or other representations of the Meals and/or services provided by Chefs or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Meals) displayed on the Chefs’s listing/offering on Urban Tummy. Nothing in these Terms shall exclude Chefs liability for death or personal injury arising from Chefs gross negligence or willful misconduct.
18. CHEF LIABILITYChefs are responsible for the preparation, condition and quality of Meals. In cases of Chefs Delivery, Chefs are responsible for delivery of the Meals and/or Orders. Urban Tummy shall not be liable for any loss or damage arising from Neigbours contractual relationship with the Chef.
You will indemnify and hold harmless Urban Tummy, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
20. COPYRIGHT POLICY
We respect the intellectual property rights of others and expect our Users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
21. LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
22. DISPUTE WITH USERS
If you are in a dispute with either a Chef/Neighbour of our Services, you are encouraged to contact the concerned person to resolve the situation amicably. If the dispute is notified to Urban Tummy, Urban Tummy will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release Urban Tummy from any claims, demands and damage arising out of your disputes with users of our Services.
You and Urban Tummy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
Except as provided herein, any failure by Urban Tummy to exercise a right or require performance of an obligation in these Terms shall not affect Urban Tummy’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.
These Terms constitute the entire agreement between you and Urban Tummy and supersedes all prior or contemporaneous understandings and/or agreements between you and Urban Tummy.
24. GOVERNING LAW AND JURISDICTION
You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
25. CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact Urban Tummy at [email protected]