Terms of Service

Last Updated: March 12, 2020

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FOODOM, INC., A DELAWARE CORPORATION (“FOODOM,” “WE,” “US,” OR “OUR”).

SECTION 18 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

 

By accessing or using the Foodom Platform, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement (“Agreement”) between you and Foodom, Inc (“Foodom”) governing your access to and use of the Foodom website, including any subdomains thereof, and any other websites through which Foodom makes its services available (“Website”), mobile, tablet, and other applications (“Application”) and all associated services (“Foodom Services”). The Website, Application, and Foodom Services are referred to collectively as the “Foodom Platform.”

Section 18 of these Terms contains an arbitration clause and class action waiver that will require you to resolve disputes with Foodom on an individual basis through final and binding arbitration. By accessing or using the Foodom Platform, you agree to be bound by this arbitration clause and class action waiver.

Table of Contents

1. Scope of Services
2. Eligibility
3. Modification
4. Account Registration
5. Content
6. Service Fees
7. Terms Specific to Customers
8. Terms Specific to Cooks
9. Modifications, Cancellations, and Refunds
10. Ratings and Reviews
11. Damage to Property
12. Taxes
13. Prohibited Activities
14. Term
15. Disclaimers
16. Liability
17. Indemnification
18. Dispute Resolution and Arbitration
19. Applicable Law
20. Entire Agreement
21. Separability
22. Transferability

1. Scope of Services

1.1. You acknowledge and agree that Foodom is a technology services provider that does not provide catering or food preparation services.

1.2. The Foodom Platform is an online marketplace that connects between registered users (“Customers”) with registered cooks (“Cooks”) and registered meal planners (“Meal Planners”) for in-home cooking services (“Meals”). The Foodom Platform also allows Cooks, Meal Planners and Customers to post recipes. FOODOM’s software permits registered users to place orders for in-home cooking services, grocery shopping, meal planning and other related services based on their set of preferences. Once such orders are made, FOODOM software notifiescontractors that a Meal opportunity is available and the FOODOM software facilitates completion of the service. FOODOM is not a restaurant, food delivery service, or food preparation business.

1.3. As the creator of the Foodom Platform, Foodom does not create, provide, offer, or supply any Meals. Cooks and Meal planners alone are responsible for Meals, whether their own Recipes, Recipes they use or Recipes requested by Customers. When Customers order a Meal from a Cook and/or from a Meal Planner, they are entering into a contract directly with each other. Foodom is not and does not become a party to any contractual relationship between Customers, Cooks and Meal Planners, nor is Foodom acting as an agent in any capacity for any Customer or Cooks or Meal Planners, except as specified in the Payment Terms of Service (“Payment Terms”).

1.4. While Foodom may help facilitate the resolution of disputes between Customers and Cooks and Meal Planners, Foodom has no control over and does not guarantee the quality, safety, suitability, or quality of Meals or Recipes. Foodom does not endorse any Customer or Cook or Meal Planner, Meal or Recipe.

1.5. The Foodom Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions Foodom is not responsible or liable for the availability of such Third-Party Services.

1.6. Foodom cannot guarantee the uninterrupted availability or accessibility of the Foodom Platform. Foodom may restrict the availability of the Foodom Platform or certain areas or features thereof if this is necessary for the security of servers or to carry out maintenance.

2. Eligibility 

2.1. To access and use the Foodom Platform, you must be an individual at least 18 years old or a duly organized, validly existing business in good standing under the laws of the state you are established and able to enter into legally binding contracts.

2.2. Foodom may make access and use of the Foodom Platform, or certain features of the Foodom Platform, subject to certain conditions, such as completing a verification process, meeting specific criteria, meeting rating thresholds, or booking and cancellation history.

2.3. Foodom does not assume any responsibility for the confirmation of any Customer or Cook’s or Meal Planner’s identity, but Foodom may ask Customer and Cook and Meal Planner to provide a form of government identification, undertake additional checks designed to verify identify of Customers or Cooks or Meal Planners, or obtain reports from public records of criminal convictions or sex offender registrations.

3. Modification 

3.1. Foodom reserves the right to modify these Terms after giving notice of the modifications by email at least fifteen (15) days before the date the modified Terms become effective. If you disagree with the modified Terms, you may terminate this Agreement by ceasing from using the Foodom Platform. If you do not terminate this Agreement before the date the modified terms become effective, your continued access to or use of the Foodom Platform constitutes acceptance of the modified Terms.

4. Account Registration 

4.1. You must register an account (“Foodom Account”) to access and use certain features of the Foodom Platform, such as ordering or receiving orders for a Meal. If you register a Foodom Account for a business, you represent and warrant that you have the authority to legally bind that entity and to grant Foodom all permissions and licenses provided by these Terms.

4.2. You must provide accurate and complete information when registering a Foodom Account, and must keep your Foodom Account profile page information up to date.

4.3. You may not register more than one Foodom Account unless Foodom gives prior written consent for you to do so. You may not assign or otherwise transfer your Foodom Account to another party.

4.4. You are responsible for maintaining the confidentiality of your Foodom Account. You must immediately notify Foodom if you know or have any reason to suspect that your credentials have been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Foodom Account. You are liable for any and all activities conducted through your Foodom Account unless such activities are not authorized by you and you are not otherwise negligent.

5. Content 

5.1. Foodom may, at its sole discretion, enable Customers or Cooks or Meal Planners to create, post, send, receive, and store content on or through the Foodom Platform (“User Content”), and to access or view User Content on or through the Foodom Platform.

5.2. The Foodom Platform and User Content may in its entirety or in part be protected by copyright, trademark, and other laws of the United States and other countries. You acknowledge and agree that the Foodom Platform, and all proprietary Foodom content (“Foodom Content”) including all associated intellectual property rights, are the exclusive property of Foodom or its licensors.

5.3 You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Foodom Platform, Foodom Content, or User Content.

5.4. Subject to your agreement to and compliance with these Terms, Foodom grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download and use Application on your personal devices.

5.5. Other than the limited license set forth in Section 5.6, Foodom acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Foodom, you acknowledge and agree that by creating, uploading, receiving, or posting any content on the Foodom Platform (including recipes and photographs) you have legal rights to their reproduction, and are responsible for protecting and enforcing those rights and that Foodom has no obligation to do so on your behalf.

 

5.6 By creating, uploading, receiving, or posting any content through the Foodom Platform, you grant Foodom a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to such User Content to access, use, store, copy, modify, or prepare derivative works of, distribute, publish, broadcast, and otherwise exploit in any manner without compensation. This license is for the sole purpose of enabling Foodom to display, promote and effectuate the Meals.

5.7. You agree to not post, publish, submit, or transmit any User Content that is fraudulent, false, misleading, deceptive, defamatory, libelous, obscene, pornographic, vulgar, offensive, promoting discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, is violent or is threatening, or is promoting violence, promotes illegal or harmful activities or substances, or violates any Foodom policy. Foodom may, without prior notice, remove or disable access to any User Content that Foodom finds in violation of these Terms or applicable law.

 

  1. Service Fees

    6.1. Foodom may charge fees to Customers (“Customer Fees”) or to Cooks (“Cook Fees”) or to Meal Planners (“Meal Planner Fees”), which are collectively referred to as “Service Fees” for use of the Foodom Platform.

    6.2. The Foodom Platform will display applicable Service Fees to a Customer or Cook or Meal Planner prior to accepting or confirming an order for a Meal.

    6.3. Foodom reserves the right to change the Service Fees at any time and will provide Customers and Cooks and Meal Planners adequate notice of any fee changes before they become effective.

    6.4. You are responsible for paying any Service Fees that you owe to Foodom. Foodom will deduct any Cook and Meal Planning Fees from the fees paid by Customers before remitting the balance to Cooks and Meal Planners.

    7. Terms Specific to Customers

    7.1. Customers may request a specific Cook or Meal Planner, but scheduling is dependent on Cook’s and Meal Planner availability. If Customers do not have a preference for a specific Cook or Meal Planner, Foodom will notify nearby Cooks and Meal Planners meeting the specifications, and the first Cook and Meal Planner to respond will fulfill the Meal. The customers allow Foodom to share the relevant order information with the relevant cooks and Meal Planners to be to confirm and fulfill their orders.

    7.2 When Customers reserve a Meal on the Foodom platform, Foodom charges Customers for the Meal upfront. The fee includes the price of service and a 4% processing fee. Foodom collects payments before Meals are prepared through a third-party online payment processing system.

    7.3. If requested by the Customer, Cooks will provide ingredients and storage containers for Meals. In such a case, the cost of such ingredients and storage containers will be charged to Customer on a separate billing.

    7.4. Per CDTFA Sales and Tax Regulation, 1602 Foodom prohibits Cooks from purchasing and bringing to Customer sales taxable items such as soda, alcohol, or pre-cooked, or prepared food items. If Customers wish to have such ingredients, Customers must supply them prior to the Meal.

    7.5. If Cooks purchase ingredients or storage containers, Foodom will provide Customers a copy of the receipt and will charge the Customers for the cost of ingredients or storage containers and a shopping fee.

    7.6. While tips are not required, Customers are encouraged to pay Cooks and Meal Planners tips for Meals.

    8. Terms Specific to Cooks and Meal Planners

    8.1. Cooks and Meal Planners are responsible for understanding and complying with all laws, rules, and regulations that apply to fulfill orders for Meals on the Foodom Platform, including all required licenses or permits in the respective jurisdiction.

    8.2. Foodom requires that Cooks and Meal Planners obtain appropriate general liability insurance before accepting orders for Meals on the Foodom Platform. Please review any insurance policy carefully, and make sure you are familiar with and understand any exclusions, and any deductibles that may apply, including, but not limited to, where the insurance policy covers the actions or inactions of Customers.

    8.3. Foodom requires Cooks to have a food handler certificate or a ServSafe card.

    8.4. Foodom requires Cooks to maintain personal appearance in accordance with U.S. Food and Drug Administration’s Hazard Analysis and Critical Control Points and FoodSafe requirements.

    8.5. If a Customer requests Cook to shop for groceries, Cook must shop at a store located no more than 20 minutes from the location of Meal for food safety. Cook may bring to the customer only unprepared ingredients purchased at the grocery store that are not subject to sales tax per CDTFA Sales and Tax Regulation 1602, unprepared food items. Cooks are not allowed to buy sales taxable products such as alcohol, soda, pre-made food or other taxable ingredients.

    8.6. If Cook buys groceries for Customer, Cook needs to provide a copy of the receipt to Foodom and to Customer.

    8.7. You acknowledge and agree that your relationship with Foodom is limited to that of an independent contractor, not an employee, agent, or partner of Foodom and that you act on your own behalf and for your own benefit, not on behalf, or for the benefit, of Foodom.

    8.8. You agree to indemnify and hold Foodom harmless from and against any and all liability for withholding taxes or other employee benefits of Representatives or Representative’s employees.

    9. Modifications, Cancellations, and Refunds

    9.1. Customers and Cooks and Meal Planners are responsible for any modifications to the orders they make or accept on the Foodom Platform and agree to notify Foodom immediately of any changes and pay any additional fees associated with such modifications.

    9.2. If a Customer cancels a confirmed booking prior to 72 hours of a confirmed Meal, the Customer will receive a full refund less the processing fee. If a Customer cancels within 72 hours of a Meal, the Customer forfeits the entire cost of the Meal.

    9.3. If a Cook or a Meal Planner cancel a confirmed order, the Customer will receive a full refund of the fees for such order. Foodom may publish a review indicating that an order was canceled, and in some cases, may impose a cancellation fee on the Cook or the Meal Planner, unless the Cook or the Meal Planner has a valid reason for canceling the Meal, in the sole discretion of Foodom.

    9.4. In certain circumstances, Foodom may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed Meal and initiate refunds.

    10. Ratings and Reviews

    10.1. After completing a booking, Customers and Cooks and Meal Planners can leave a review (“Review”) and a star rating (“Rating”) about each other, about the Meals and the Recipes. Ratings and Reviews reflect the opinions of individual Customers and Cooks and Meal Planners and do not reflect the opinion of Foodom. Ratings and Reviews are not verified by Foodom.

    10.2. You may not post Ratings and Reviews that contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.

    10.3. You agree not to manipulate Ratings and Reviews in any manner, such as by instructing a third party to write a positive or negative Review about another Customer or Cook or Meal Planner.

    11. Damage to Property

    11.1. As a Cook, you are responsible for leaving the property in the condition it was in when you arrived. You are responsible for your own acts and omissions and are responsible for the acts and omissions of any individuals you invite to, or otherwise provide access to, the property of the Customer.

    11.2 As a cook, you are responsible for any damages caused by you or other individuals you invited and/or provided access to the property of the customer and will compensate the customer for any such damage beyond reasonable wear and tear.

    12. Taxes

    12.1. As a Cook and a Meal Planner, you are solely responsible for reporting, collecting, and paying all applicable sales taxes or income taxes (“Taxes”) to the federal government or state governments.

    13. Prohibited Activities 

    13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Foodom Platform, and you will not assist or enable others to breach or circumvent any applicable laws or regulations or our Terms.

    13.2. You agree not to use the Foodom Platform, Foodom Content, or User Content for any commercial purpose not expressly permitted by these Terms or in a manner that falsely implies Foodom endorsement, partnership, or otherwise misleads as to an affiliation with Foodom.

    13.3. You agree not to use the Foodom Platform to request, order, or accept an order for a Meal independent of the Foodom Platform, or to circumvent any Service Fee for any reason.

    13.4. You agree not to use any automated means or processes to access, collect data, or other content from the Foodom Platform for any purpose.

    13.5. You agree not to attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Foodom Platform.

    14. Term

    14.1. This Agreement shall be effective for 30 days, at the end of which they shall automatically and continuously renew for a subsequent 30 days until such time when you or Foodom terminate the Agreement.

    14.2. You may terminate this Agreement at any time by sending Foodom an email at service@myfoodom.com. If you cancel your Foodom Account as a Cook or a Meal Planner, any confirmed Meals will be automatically canceled and the Customers will receive a full refund.

    14.3. If you cancel your Foodom Account as a Guest, any confirmed Meals will be automatically canceled, and any refund will depend on the terms of the Cook’s cancellation policy.

    14.4. Foodom may terminate this Agreement at any time by giving you thirty (30) days’ notice by email to the email address registered to your Foodom Account.

    14.5. When this Agreement has been terminated, you are not entitled to a restoration of your Foodom Account or any of your User Content.

    15. Disclaimers

    15.1. If you choose to use the Foodom Platform, you do so voluntarily and at your sole risk. The Foodom Platform is provided as is, without warranty of any kind, either express or implied.

    15.2 You agree that some parts of the Foodom Platform, such as ordering, or accepting orders for Meals, involve risk, such as the risk of illness, both food-borne, and otherwise, bodily injury, disability, or death, and by choosing to participate in such activities, you choose to assume such risks voluntarily.

    16. Liability

    16.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to or use of the Foodom Platform or any other interaction you have with other Customers and Cooks and Meal Planners whether in person or online remains with you.

    16.2. Neither Foodom nor any other party involved in creating, producing, or delivering the Foodom Platform will be liable for any incidental, special, or consequential damages, including lost profits, loss of data, or loss of goodwill, or cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms for any use or inability to use the Foodom Platform, for any interactions with other Customers or Cooks or Meal Planners with whom you communicate, interact, or meet on or through the Foodom Platform.

    17. Indemnification

    17.1. To the maximum extent permitted by applicable law, you agree to release, defend at Foodom’s option, indemnify, and hold Foodom, including but not limited to, their officers, members, employees, and agents, harmless from and against all claims, liabilities, damages, losses, and expenses.

    18. Dispute Resolution and Arbitration

    18.1. You and Foodom acknowledge and agree that any and all disputes or claims that have arisen or may arise between you and Foodom, whether arising out of relating to these Terms or the Foodom Platform, shall be resolved exclusively through final and binding arbitration, rather than in court. You agree that by entering into this Agreement, your rights will be determined by a neutral arbitrator according to the American Arbitration Association (“AAA”) Consumer Arbitration Rules (“AAA Rules”).

    18.2. Prior to initiating the arbitration, you and Foodom agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. Notice to Foodom should be sent to 7300 Folsom Blvd., Sacramento CA 95826. Notice to you should be sent to the mailing address registered to your Foodom Account.

    18.3. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778– 7879. If there is any inconsistency between the AAA Rules and this Section 18, this Section 18 will control unless the arbitrator determines that application of this Section 18 will not result in a fundamentally fair arbitration.

    18.4. Unless you and Foodom agree otherwise, arbitration hearings will take place in a reasonably convenient location for both you and Foodom with due consideration of the ability to travel and other relevant circumstances. If you and Foodom are not able to agree on a location, the determination shall be made by AAA.

    18.5. If your claim is for $10,000 or less, Foodom agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    18.6. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Any payment of attorneys’ fees will be governed by the AAA Rules.

    18.7. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of you and Foodom.

    18.8. You acknowledge and agree to waive the right to a trial by jury as to all arbitrable disputes.

    18.9. You acknowledge and agree, to the fullest extent permitted by law, to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Unless you and Foodom both otherwise agree in writing, the arbitrator may not consolidate more than one claim and may not otherwise preside over any form of class or representative proceeding.

    18.10. In the event that any portion of Section 18 is deemed illegal or unenforceable, such provision shall be severed from the remainder of Section 18, and the remainder of Section shall be given full force and effect.

    19. Applicable Law

    19.1. These Terms will be interpreted in accordance with the laws of the State of California and the United States of America. Any judicial proceedings excluded from Section 18 must be brought in the state or federal court in Sacramento, California, unless you and Foodom agree to some other location. You and Foodom agree to venue and personal jurisdiction in Sacramento, California.

    20. Entire Agreement

    20.1. Except as supplemented by additional terms and conditions, these Terms constitute the entire Agreement between Foodom and you in relation to the access to and use of the Foodom Platform and supersede any and all prior or written understandings or agreements between Foodom and you in relation to the access to and use of the Foodom Platform.

    20.2. No joint venture, partnership, employment, or agency relationship exists between you and Foodom as a result of this Agreement or your use of the Foodom Platform.

    21. Separability

    21.1. If any provision of these Terms is held invalid or unenforceable, such provision will not affect the validity and enforceability of the remaining provisions.

    22. Transferability

    22.2. You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without the prior written consent of Foodom.