Terms of Use

Welcome to Food Prepped and to our detailed Terms of Use policy. We couldn’t be happier you’ve come. Please, make yourself comfortable as you’ve some exiting reading ahead of you. Once you’re done reading, please follow our Rules.

Accepting Our Terms of Use
Other Documents
Your Privacy
Your Account with Food Prepped
Your Content
Your Use of Our Services
Termination
Warranties and the Bounds of Liability
Indemnification
Disputes With Other Users
Disputes With Food Prepped
Modifications to the Terms of Use
Finer Legal Points
Contact Information

1. Accepting Our Terms of Use

You will find in this document and documents that we reference on this webpage, The Rules for Using Food Prepped’s Services, or what we officially call our ‘Terms of Use’. These terms are a legally binding contract between you and Food Prepped Ltd.

Please note that section 11. Disputes with Food Prepped, contains an arbitration clause and class action waiver. Please note that Section 11. Disputes with Food Prepped, contains a class action waiver and an arbitration. By agreeing to the Terms of Use, you are agreeing to resolve all disputes through mandatory individual arbitration. This means that you waive your right to partake in class actions, representative actions, or class arbitrations. You will also waive any right to have those disputes decided by a jury or judge. *This contract sets out your rights and responsibilities when using Food Prepped.com or mobile apps, and other services provided by Food Prepped Ltd (we will refer to all our collective amenities as ‘Services’, so please read with care.

By Using any of our Services or navigate our website, you are agreeing to the Terms of Use. If you agree to the Terms of Use, you may use our Services. If you do not agree to our Terms of Use, you may not use our Services.

2. Other Documents

Food Prepped’s Services connect people around the UK, both online and offline that make, buy, and sell goods. Here is a guide to help you use our Services. We have detailed specific rules that will help you understand how best to use them below.

Food Prepped’s Rules for Everyone.

You agree to our ‘Terms of Use’, ‘Privacy Policy’ and ‘Anti-Discrimination Policy’ if you use any of the Services we provide.

Our Rules for Sellers. If you create an online store/shop and list any items/products for sale using our Services, then these policies apply to you. Read them here.

Our Rules for Buyers. If you navigate our Services or shop, these policies apply to you. Read them here.

Our Rules for Third Parties.

If you are an Intellectual property owner, Food Prepped API user, are an affiliate or anyone requesting information from Food Prepped Services then this policy applies to you.

Search and Advertising Ranking

Search and Advertising Ranking Admissions. This is an This is a brief breakdown of how Food Prepped forms search and advertising results that could include your content. All these policies form part of our Terms of Use, so please read them all and pay specific attention to the ones that apply to you.

3. Your Privacy

Protecting your private information is important to us. Our Privacy Policy details how your information is collected, shared, and used across our Services and Third Parties. By using our Services, you are agreeing to our Privacy Policy and all the ways in which we use your information collected on our Services. (You can view it here).

Both Food Prepped and sellers process users’ personal information like email address, delivery address and buyer’s name. We are therefore considered separate and independent controllers of user’s data and are therefore responsible for the user’s information in the process of using/providing the Services. Therefore, if the seller accidentally discloses another buyers’ personal details collected on the Services when fulfilling an order, the seller, not Food Prepped will be responsible for the unauthorised disclosure.

If, however, Food Prepped and sellers are found to be joint data handlers of buyers’ personal data, and if Food Prepped is sued, fined or incurs expenses resulting from something that you did as a joint data handler of buyer personal data, you agree to indemnify Food Prepped for the expenses it occurs in connection with your handling of buyer personal data, See Section 9, Indemnification (or What happens when you get Food Prepped sued).

4. Your Account with Food Prepped

To Use Food Prepped Services’ you will need to create an account. Below are a few rules about account with Food Prepped:

A. You must be of 18 years of age or older to use our Services.

Minors under the age of 18 years old and at least 13 years of age may use our Services, but only with the permission and under the direct supervision of a parent or legal guardian. Children under the age of 13 years of age are not permitted to use Food Prepped Services. The user (you) is responsible for any activity on your account, conducted by a minor. For more information, see Food Prepped Minors Policy.

B. Provide accurate information about yourself.

When setting up your account you must provide accurate information about yourself and update appropriately if anything changes. It is prohibited to use false information about yourself or to impersonate another person of company with your account

C. Choose an appropriate name for your store.

If you decide to have a different name serve as the name that you associate with your account, you may not use offensive, vulgar language or language that infringes someone’s intellectual property rights, or otherwise violates the Terms of Use.

D. You are solely responsible for your account and any activity on it.

If you are sharing your account with others, then the person who will ultimately be held responsible for any activity will be the person whose financial details are connected to the account. If you are registering as a business entity, the user/you personally guarantee that you agree with the Terms of Use and that you have the authority to do so on behalf of the business entity. Also, your account is not transferrable.

E. Keep your password safe.

As we mentioned above it is you who is solely responsible for any activity. Here’s a helpful article on keeping your account secure.

Our relationship in a nutshell. The Terms of Use do not create a partnership, joint venture, any agency, employment, or franchise connection between you the user and Food Prepped.

5. Your Content

Content you choose to create and post on our Services is your content, so let’s call it ‘Your Content’ for the purposes of the Terms of Use. Food Prepped do not make any claim to Your Content. This includes anything that you post using our Services. These things include shop names, profile pictures, product/item photos, listing descriptions, reviews and comments of any kind, videos, usernames etc.

A. Responsibility for Your Content.

You understand that you are exclusively accountable for Your Content. You exemplify that you have the necessary rights to all parts of Your Content. Your Content should not breach or violate any third party’s rights by posting it.

B. Permission to Use Your Content.

By posting Your Content through our Services, you grant Food Prepped a license to use it. Food Prepped do not claim any ownership of Your Content, but we have your permission to use it to help Food Prepped function and grow. This way we do not infringe any rights you have over your content, and we use it to promote sales. For example, you recognise and agree Food Prepped may offer promotions that relate to your shop or listings on site, to you or Food Prepped buyers’.

C. Rights You Grant Food Prepped.

By posting Your Content, you grant Food Prepped a non-exclusive, worldwide, royalty-free, irreversible, sub-licensable, continuous license to use, present, revise, amend, replicate, dispense, store, and arrange copied works of Your Content. This allows us to promote through any of our partners, or third-party website or advertising medium channels in any format, Food Prepped, your Food Prepped shop, any Food Prepped Services, and general Services. You agree not to declare any moral rights or rights of publicity against Food Prepped or any of our partners, or third-party representatives for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep Food Prepped going. Consider these examples: if you upload a photo or video of a listing on your Food Prepped shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it – often along with your shop name and shop picture – on our homepage, in one of our blogs or even on a billboard to help promote your business and Food Prepped’s.

D. Reporting Unauthorised Content.

Food Prepped has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If Your Content is suspected to violate another person’s intellectual property, we will take suitable action, such as removing it. If we receive a report of violation/repeat violation that complies with our policies, we may terminate your account. We’ll notify you if any of that happens. Please follow the steps listed in our Intellectual Property Policy if content that you have rights or own has been uploaded to Food Prepped’s Services without your approval where instructions will be present to help you have it removed.

E. Inappropriate, False, or Misleading Content.

There are certain types of content we do not want posted on Food Prepped’s Services for legal or moral reasons. You agree that you will not post on Food Prepped Services any content that is offensive, intimidating, insulting, indecent, discourteous, or otherwise distasteful or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms of Use. You also agree not to post any content that is deceptive and misinforming or uses the Services in a manner that is deceitful or fraudulent.

6. Your Use of Our Services

License to Use Our Services. Food Prepped grant you a licence to use our Services, subject to the Terms of Use and with the following specific limitations. Being that the license is limited, non-exclusive, non-transferable, and revocable.

A. Do not Break the Law Using Our Services.

In connection with the use of our Service, you our agree that you will not break any laws. This includes any local, state, federal, and international laws that may apply to you. For example, in applicable jurisdiction(s), it’s your duty to meet applicable legal requirements. This includes where required by law, obtaining any permits or licences your shop requires for a sale. For example, acquiring age verification upon delivery. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Food Prepped, another Food Prepped user, or a third party.

B. Pay Your Bills.

You are responsible for paying all fees that you owe to Food Prepped. Except as laid out below. Any purchases or sales that you make using Food Prepped Services, are solely at the responsibility of you, this includes accumulating and/or paying any applicable taxes. Where applicable, Food Prepped will calculate, collect, and remit value-added tax, Goods and Services `tax (GST), VAT and sales tax. For the Terms of Use we will collectively label these types of tax’s as “VAT”. For more information on taxes, please see our Fees & Payments Policy. This includes details on the taxes Food Prepped collects and remits from the buyers. For a full explanation of how you can pay your fees, bills, taxes, please read our Fees & Payments Policy.

C. Don’t Steal Our Stuff.

You agree not to attempt to obtain or to reverse engineer the source code of Food Prepped’s Services (including both Food Prepped Intellectual Property and Seller Content) without our direct approval, or to crawl, scrape, or spider any page of the Services. If you want to use our API, please follow our API Terms of Use.

D. Don’t Try to Harm Our Systems.

You agree not to disrupt or try to interrupt with our Services. An example of disrupting Services would be by distributing a virus/harmful computer code or making excessive requests to our site or platform.

E. Follow Our Trademark Policy.

The name “Food Prepped” and the other Food Prepped marks, phrases, logos, and designs that we use in connection with our Services (the Food Prepped Trademarks), are trademarks, service marks, or trade dress of Food Prepped in the UK and other countries. Our Trademark Policy must be agreed to if you would like to use our trademarks.

F. Sharing Your Ideas.

We love to hear your thoughts and suggestions as they may help us improve the whole experience of our Services. Any thoughts or other materials you submit to Food Prepped (excluding Your Content or items/products you sell through our Services) are considered to you, non-confidential and non-proprietary. You grant Food Prepped a non-exclusive, worldwide, royalty-free, irreversible, sub-licensable, continuous license to use, present, revise, amend, replicate, dispense, store, and arrange, use, and publish those ideas and materials for any purpose, without compensation to you.

G. Talk to Us Online.

Occasionally, Food Prepped will post to you, certain legal information in writing. You are agreeing to our Electronic Communications Policy by using our Services. Please read this, as it describes how we provide that information to you. In brief, it states that we can send you information electronically via email and that your electronic signature/agreement is identical to your signature on paper.

7. Termination

Termination By You.

We’d hate to see you go, but you may terminate your account with Food Prepped at any time from your account settings. You can find guidance on Terminating your account here in this Help article. All outstanding debts and bills will have to be settled. Any of Your Content posted through our services will not be affected prior to Terminating your account.

Termination By Food Prepped.

If we find or suspect, Your Content, or your use of Food Prepped’s Services violate our Terms of Use in any way, we may suspend or terminate your account/s and prevent access to the Services. Comprehend that you don’t have a contractual or legal right to continue to use our selling or buying on our Services. If you have violated our Terms of Use and we chose to terminate or suspended your account, Food Prepped will inform you, unless we have legal or regulatory reasons inhibiting us from informing you.

If you or Food Prepped terminate your account, you may lose any information associated with your account, including Your Content.

We May Terminate the Services Food Prepped reserves the right to change, suspend, or discontinue any of the Services for you, any, or all users, at any time, for any reason, including those laid out in Food Prepped’s policies under these Terms of Use. Any effects a change is Service has on you, Food Prepped will not be liable for. This includes your income or your ability to generate revenue through the Services.

Survival.

Even after your access to the Service has been terminated, or your use of the Service concludes, the Terms of Use will remain applicable.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase.

You understand that Food Prepped does not manufacture, store, or inspect any of the items sold through our Services. We provide the platform; the independent Sellers create, list, and sell items in our marketplaces, so Food Prepped cannot and does not make any guarantees about their quality, safety, authenticity, or their legality. Any legal claim associated to an item or product you purchased through Food Prepped Services must be directed against the seller of the item. You release Food Prepped from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access.

When using our Services, you may come across materials that you find distasteful or incongruous. Food Prepped make no representations concerning any content posted by users through the Services. Food Prepped is not accountable for the truthfulness, copyright agreement, lawfulness, or correctness of content posted by users that you accessed through our Services. You release us from all liability involving that content.

People You Interact With.

Our Services can be used to interact with people, either online or in person. However, you comprehend that we do not vet users of our Services other than to meet certain compliance and legal agreements, and you release us from all accountabilities relating to your interactions with other users. Please be cautious by exercising care and good judgement in all exchanges with others. Especially if you are meeting someone in person. This Help article has some good advice about meeting users in person.

Third-Party Services.

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). Third-party services, that you access are done so at your own risk. The third parties may require you to accept their own terms of use. Food Prepped is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions.

You acknowledge that Food Prepped does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card that results from any action by you or a third party. Understand that if your Gift Card has been reported lost or stolen, or if we suspect your Gift Card balance is being used fraudulently you accept that we may suspend or prohibit it’s use at our discretion. If your Gift Card does not work on our Services, your only solution is for us to issue you with a replacement. By participating in special offers or promotions, you agree to the rules of those special offers or promotions. You may not later claim that the rules of those special offers or promotions were ambiguous.

WARRANTIES.

FOOD PREPPED IS DEVOTED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPLICITLY DISCLAIMING ANY GUARANTEES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND SUITABILITY FOR A PARTICULAR PURPOSE. AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PRESENTATION, COURSE OF DEALING, OR USAGE OF EXCHANGE.

WE DO NOT GUARANTEE THAT:

(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME AUTHORITIES DO NOT ALLOW RESTRICTIONS ON IMPLIED GUARANTEES, SO THE ABOVE RESTRICTIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS.

FOOD PREPPED, OUR EMPLOYEES OR DIRECTORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS IN PROFITS, REVENUES, OR FOR ANY CONSEQUENTAL, INCIDENTAL, INDIRECT, SPECIAL, OR PENALISING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FOOD PREPPED’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED (£100) POUNDS STERLING (GBP) OR THE AMOUNT YOU PAID FOOD PREPPED IN THE PAST TWELVE MONTHS. SOME AUTHORITIES DO NOT ALLOW RESTRICTIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification (or What Happens If You Get Us Sued)

If Food Prepped gets sued because of something that you did, you agree to defend and indemnify us. Meaning you will defend Food Prepped or any of Food Prepped’s employees or Third-Party partners and hold us innocent from any legal claim, demand or lawyer’s fees that arises from your actions, your use (or exploitation) of our Services, your breach of the Terms of Use, or you or your account’s violation of someone else’s rights.

We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you the user finds themselves in a dispute with another user or Third-Party member of Food Prepped Services, we ask you first to contact the other party and try to resolve the dispute amicably.

Case System. Our case system is designed to help Buyers and Sellers who cannot reach an agreement with a dispute related to a transaction using our Services. You can find particulars of the case system in this FAQ article. Food Prepped will not make any judgements regarding legal issues or claims and Food Prepped have no obligation to resolve Seller/Buyer disputes. Food Prepped will attempt to help you resolve disputes in good faith constructed solely on our understanding of our policies, in our sole discretion.

Release of Food Prepped. You release Food Prepped from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Food Prepped

Resolving issues with us. If we can help, we will but the below rules govern all legal disputes involving our Services:

A. Governing Law.

The Terms of Use are governed by the laws of UK’s English Law, without regard to its conflict of laws rules, and the laws of the United Kingdom. These laws will apply to you no matter your location. Non-UK residents may be entitled to the protection of the mandatory consumer protection provisions of their local consumer protection law.

B. Arbitration.

Arbitration

You and Food Prepped agree that any dispute or claim arising from or relating to the Terms of Use shall be finally settled by final and binding arbitration, using the English language, administered by the London Court of International Arbitration (the “LCIA”) under its Consumer Arbitration Rules (the “LCIA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms of Use you can find the LCIA Rules here), unless otherwise required by law. **Mediation, including threshold questions of Mediation bounds of the dispute, will be directed by a sole mediator in harmony with those rules. Conclusion on the mediation award may be entered in any court that has authority.

Mediation

Additionally, either party may refer the dispute to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. Both Parties will agree to enter mediation to settle the dispute in good faith and will do so in accordance with the CEDR’s mediation processes. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the negotiation a party must give notice in writing to the other party to the disagreement, referring the disagreement to conciliation. CEDR should receive a copy of the referral.

Any arbitration or mediation will take place on an individual basis under the Terms of Use. Understand that by agreeing to the Terms of Use, you and Food Prepped are each waiving the right to partake in a class action lawsuit or trial by jury. Class mediations will be attainable if demanded by either party under its Class Action Arbitration Rules and approved by the mediation entity only. Each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other reasonable or reasonable relief, pending a final verdict by the arbitrator or mediator. If your claim qualifies, you may instead announce your claim in “small claims” court. Your claim will need to remain in ‘small claims’ court, and your claim must remain on an individual, non-representative, and non-class basis.

C. Costs of Arbitration.

The LCIA filing cost, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. And if the dispute is being handled by CEDR, its rules. If the value of your claim does not exceed £5,000 GBP, Food Prepped will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. If CEDR are mediating the dispute, then all parties will pay their share of mediation costs. Under certain circumstances such fees may be reimbursable to you, depending on the outcome of the mediation.

D. Forum.

We’re based in Kent, England, UK, so any legal action against Food Prepped related to our Services must be filed and take place in Kent, England, UK. For all actions under the LCIA Rules, the proceedings may be filed where your residence is, or in Kent, England, UK, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties considering their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Food Prepped agree to submit to the personal jurisdiction of an appropriate court located in Kent, England, UK if your contract is with Food Prepped, Ltd.; if your contract is with Food Prepped.

E. Government Exception.

If you are legally unable to agree to the clauses in this section because you are a government agent or entity in the United Kingdom using the Services in your official capacity, then these articles will not apply to you. The Terms of Use and any action related to the Terms of Use will be ruled by the laws of the United Kingdom, in the absence of English law and to the extent permitted under English law, In that case.

F. Modifications.

If after the date you last accepted the Terms of Use, Food Prepped make any modifications to this “Disputes with Food Prepped” section, those modifications will not apply to any claims filed in a legal proceeding against Food Prepped, prior to the date the modifications became effective. Food Prepped will notify you of essential modifications to the “Disputes with Food Prepped” section at least 30 days prior to the date the modification will become effective. If you do not agree to the modified terms, you may close your account or send Food Prepped a written email within those 30 days.

By rejecting a modified term in the Terms of Use or permanently closing your account, you agree to mediate any disputes concerning you and Food Prepped in accordance with the requirements of this “Disputes with Food Prepped” section as of the date you last accepted the Terms of Use. This includes any modifications made prior to your rejection of terms. If you create a new account or choose to reopen your closed account, you agree to be bound by the current version of the Terms of Use.

12. Modifications to the Terms of Use

We may update these Terms of Use when necessary. If we believe that the modifications are substantial, we will notify you. We will do this by sending you an email and/or message about the modifications and by posting the modifications through the Services. This way you can decide whether you would like to continue using the Services. Modifications will be effective upon the posting of the modifications unless otherwise specified. You are accountable for reviewing and becoming familiar with any modifications. Your use of the Services following the modifications constitutes your acceptance of the updated Terms of Use.

13. Finer Legal Points

The Terms of Use, all the policies that make up the Terms of Use included, supersede any other agreement between you and Food Prepped regarding the Services. If Food Prepped fail to enforce any part of the Terms of Use, this is not deemed as a waiver of our right to later enforce that or any other part of Terms of Use. If any part of the Terms of Use is found to be not valid or legally binding, this part will be limited to the minimum degree necessary, ensuring the Terms of Use remain in full force and effect. We may appoint any of our rights and commitments under the Terms of Use.

14. Contact Information

If you have any queries about the Terms of Use, please contact us at legal@Food Prepped.com.

Last updated on 01 Dec, 2023