Introduction
This platform and its contents ("the Platform") is owned and operated by FoodStreetCo Pty Ltd (ABN: 15 607 740 867) of PO Box 737 Avalon NSW 2107 (“FoodSt”).
Purpose
FoodSt brings together home cooks (“the Cooks”) and individuals who wish to purchase home cooked food. FoodSt does not cook the food, but facilitates the transaction between individuals and Cooks.
These terms and conditions apply to those Cooks (and those individuals who wish to become Cooks) who use the Platform (or any associated FoodSt website or mobile application) for the purpose of selling or supplying home cooked food to individuals.
By accessing, using, applying to become a Cook, or selling home cooked food via the Platform (or any associated FoodSt website or mobile application), you agree to accept and comply with the terms, conditions, notices and disclaimers contained in these Terms of Use, the Privacy Policy and elsewhere on the Platform (known collectively as “Terms and Conditions”).
The Terms and Conditions govern both your use of this Platform (or any associated FoodSt website or mobile application), your application to be come a Cook, and the supply of meals by you via the Platform (together, “the Service”).
FoodSt reserves the right to amend these Terms and Conditions at any time. We therefore encourage you to check this document each time you visit the Platform (or any associated FoodSt website or mobile application). By accessing, using and/or selling food via this Service, you agree to be bound by these Terms and Conditions.
Application
To commence the process to become a Cook, you must follow the prompts on the Platform, and provide all of the requested details.
This Service is currently only available to individuals who reside in New South Wales. FoodSt reserves the right in the future to allow residents from other States to participate. In order to confirm your residency, FoodSt may require you to provide identification (ID) confirming your place of residency. The ID FoodSt may request will be determined by FoodSt.
As a requirement of being a Cook, FoodSt requires that all Cooks hold a valid Food Safety Supervisor Certificate relevant to their home State and undertake any additional training as determined by FoodSt in its absolute discretion. As a Cook you will be required to show proof of your Food Safety Supervisor Certificate to FoodSt at the time of application and at any time after that. The Platform may provide links to Food Safety Supervisor Certificate training providers. You understand that all training is at your own cost.
FoodSt will determine, in its absolute discretion, if an application to become a Cook and use this Service to sell home cooked meals, is successful. FoodSt may, but it is not obligated to, advise of a reason for an unsuccessful application and what changes may be required to be accepted as a Cook.
By submitting an application, you warrant all information and details contained in the course of the application are true, and not misleading or deceptive. If FoodSt subsequently discovers that any details provided were incorrect or untrue, FoodSt reserves the right to terminate your use of the Service without notice.
FoodSt reserves the right to verify the validity of the details as contained within the application at anytime (including personal details) and visit your home to ensure that you have complied with these Terms and Conditions.
It is a Cook’s responsibility to understand and comply with all Commonwealth, State and local laws, regulations and by-laws. FoodSt advises all Cooks to check with their Local Council and notify the NSW Food Authority of their home based business. Penalties for failing to notify or comply with laws may incur, among other things, fines. FoodSt takes no responsibility for any Cook who fails to comply with any law, including failing to notify either their Local Council or the NSW Food Authority. FoodSt reserves the right, in its absolute discretion to provide the Cook’s details to the relevant authorities.
Change of location and/or facilities
Once a Cook has its application accepted, they warrant that they will only continue to use the Service and sell food via the Platform (or any associated FoodSt website or mobile application), while at the location or using those facilities that were confirmed during their application.
If the Cook changes location or wishes to use different facilities, they must contact FoodSt. FoodSt may require a fresh application, or require such other things as determined by FoodSt in its absolute discretion. You acknowledge that simply because you may have originally been approved to be a Cook does not necessarily mean that you will subsequently be approved to be a Cook.
Meals published on the Platform
FoodSt may conduct a review of each home cooked meal you wish to publish. FoodSt reserves the right, in its absolute discretion, to remove any meal that is deemed unsuitable for sale on the Platform.
You acknowledge that simply because you may have originally had a home cooked meal published does not necessarily mean that you will subsequently have another type of home cooked meal published.
Labelling and instructions for home cooked meals
You will be required to sell home cooked meals in accordance with all reasonable instructions provided by FoodSt from time to time, including but not limited to the following:
Selling meals
To sell, home cooked meals, the Cook must follow the instructions, and list the number of meals and when they will be ready for pick up via the Platform (or any associated FoodSt website or mobile application).
It is the Cook’s responsibility to have available the number of meals they accepted orders for at the time they listed when the home cooked meals would be available. If through no fault of the purchaser the Cook fails to deliver the home cooked meal, at the required time, then FoodSt may offer a refund to the relevant purchaser, and charge an administration fee (as reasonably determined by FoodSt) to the Cook for undertaking the refund.
Prices and payment
The Cooks must set their own prices for their home cooked meals. A twenty (20)% commission will apply to each home cooked meal sold, and will be deducted from any fees paid to the Cook. Cooks must allow several days for any payments to be processed and paid into their bank account. Payments will be paid by FoodSt on a weekly basis, at a time determined by FoodSt in its absolute discretion. FoodSt is not responsible for any late, lost or delayed payments, due to any reason beyond the reasonable control of FoodSt.
Taxation implications
FoodSt accepts no tax implications arising from the Cooks using the Service and selling food via the Platform (or any associated FoodSt website or mobile application). Independent financial advice should be sought by each cook prior to using the Service.
Food Safety Regulation and Insurance
By signing up to FoodSt you warrant and agree to adhere to FSANZ Standards 3.2.1 - Food Safety Programs, Standard 3.2.2 - Food Safety Practices and General Requirements and Standard 3.2.3 - Food Premises and Equipment.
As part of the Service, FoodSt provides all Cooks with Public Liability Insurance to the maximum amount of AUD$10 million and the provision of this insurance is conditional upon, among other things, adherence to FSANZ Standards 3.2.1, 3.2.2 and 3.2.3 of the FSANZ Standards. You acknowledge and agree that FoodSt is not responsible should the insurer fail to pay out any claim, including but not limited, to as a result of failing to adhere with the before mentioned FSANZ Standards.
Not an employee
The relationship between the parties is that of independent contractors and that nothing in these Terms and Conditions will be construed as giving rise to the relationship of principal and agent, trustee and beneficiary, joint venturers, partnership or employers and employees. You are required to supply an ABN and details as to whether or not you are registered for GST to FoodSt.
Security
You acknowledge that as a Cook you will have people who visit your property, who you may not know, and accept the risks that this may cause. FoodSt accepts no responsibility for a Cook’s security, and any damage or injury to any person or property as a result of the Cook utilizing the Service.
Liability
To the maximum extent permitted by law, FoodSt provides this Service and the content on “as is” and “as available” basis and makes no representation or warranty of any kind, express or implied regarding the content or availability of the Service, or that it will be timely or error free or that defects will be corrected.
To the extent permitted by law and subject to the operation of the Australian Consumer Law, FoodSt expressly disclaim all warranties and conditions regarding any portion of the Service, including but not limited to implied warranties and conditions of fitness for a particular purpose, merchantability, and all responsibility for any loss, injury claim, damage of any kind whatsoever, including arsing from:
To the extent permitted by law, FoodSt shall have no liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use or inability to use the Service. Unless specified otherwise and to the extent permitted by law, if FoodSt is liable to you, then the aggregate liability is limited to the fees that you made through the use of the Service.
To the maximum extent permitted by law, if any warranties or conditions are implied or imposed by law and cannot be excluded, our liability for any breach of those warranties or conditions are limited, at our option:
(a) in the case of goods
1. the replacement of the goods or supply of equivalent goods;
2. the payment of the costs of replacing the goods or equivalent goods.
(b) in the case of services
1. the supply of the services again;
2. the payment of cost of the supply of the services again
Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Australian Consumer Law as set out inCompetition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia, unless FoodSt is legally able to, in which case, FoodSt limits its liability to the maximum extent permitted by law.
Indemnity
You agree to indemnify and keep indemnified FoodSt, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Platform (or any associated FoodSt website or mobile application) or any part of thereof or the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.
Responsibility
Each Cook is responsible for ensuring that any information supplied by them to FoodSt, or made available by them via Platform (or any associated FoodSt website or mobile application) and their use of the Service by them is not misleading and deceptive, or otherwise illegal, or not otherwise in accordance with all Local, State and Federal laws.
Competitions and Promotions
Certain parts of the Platform (or any associated FoodSt website or mobile application) may contain competitions or promotions from FoodSt or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Platform (or any associated FoodSt website or mobile application) from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions,FoodSt specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Platform (or any associated FoodSt website or mobile application) without any liability to you.
Intellectual Property & Restrictions On Use Of Content
The Platform (or any associated FoodSt website) is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Platform (or any associated FoodSt website or mobile application) contains trademarks, intellectual property and copyright protected works which is owned by FoodSt, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Platform (or any associated FoodSt website or mobile application) for your own use or as otherwise indicated on the Platform (or any associated FoodSt website pr mobile application) or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Platform (or any associated FoodSt website or mobile application), or incorporate any part of the Platform (or any associated FoodSt website or mobile application) into another site without FoodSt's express consent.
Termination and Cancellation
FoodSt reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Platform. Without limiting the operation of any other Terms and Conditions herein, FoodSt will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on FoodSt's liability will survive such termination.
FoodSt may terminate your use of this Service without notice if:
Links to Third Party Sites & Third Party Advertisements
FoodSt assumes no responsibility and accepts no liability for the condition or content of third party sites that may be linked to or accessed from the Platform (or any associated FoodSt website or mobile application). Except as FoodSt may specifically direct otherwise, FoodSt does not authorise the content of those third party sites. The Platform (or any associated FoodSt website or mobile application) may also contain third party advertisements which contain embedded hyper-links to sites operated by third parties. The placement of third party advertisements on this Platform does not necessarily constitute the recommendation or endorsement of FoodSt for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties.
We make no warranties or representations about accuracy, reliability or otherwise of any information provided via users of the Services.
Unless indicated otherwise, FoodSt is a distributor only of content supplied by users through the Services. We shall not be responsible for policing, monitoring, or editing such content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, FoodSt shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by users and in order to determine compliance with these Terms and Conditions. FoodSt shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of these provisions or which it finds in its sole discretion to be otherwise objectionable for any reason.
The opinions expressed by users are not necessarily (and in some cases not at all) those of FoodSt. FoodSt is not responsible for any materials provided by users which are deemed harmful or offensive to others. FoodSt is not responsible in any way for any injury, loss or damage which occurs as a result
Content posted by users
FoodSt may provide individuals with the ability to rate or provide testimonials in connection with the Cooks. If the individual does rate or provide any testimonial, the individual agrees to only rate or provide a testimonial that truly reflects their own opinion.
You are solely responsible for all content that you post or communicate via the Services. We make no warranties or representations about accuracy, reliability or otherwise of any information provided via users of the Services.
Unless indicated otherwise, FoodSt is a distributor only of content supplied by users through the Services. We shall not be responsible for policing, monitoring, or editing such content, and accordingly, shall not be responsible for exercising editorial control over such content. Notwithstanding the foregoing, FoodSt shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by users and in order to determine compliance with these Terms and Conditions. FoodSt shall have the right and sole discretion to edit, to refuse to post or to remove any content whatsoever which it finds to be in violation of these provisions or which it finds in its sole discretion to be otherwise objectionable for any reason.
The opinions expressed by users are not necessarily (and in some cases not at all) those of FoodSt. FoodSt is not responsible for any materials provided by users which are deemed harmful or offensive to others. FoodSt is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided by users of the Services, to the maximum extent permitted by law.
All statements, advice and opinions made by users are those of such users only, and FoodSt neither endorses nor shall be held responsible for the reliability or accuracy of same.
Applicable law
The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.
FoodSt makes no representation that the content of the Platform (or any associated FoodSt website or mobile application) complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
