1. Definitions:

1.1 Meals: the offering of items and services provided by the Chef that can be ordered by the Customer through the Platform.

Order: an order placed by the Customer with the Chef through the Platform regarding the selected Order by the Customer.

1.2 Buyer: a natural person or legal entity placing an order through the Platform.

1.3 Agreement: an agreement between the Customer and the Chef regarding an Order and the delivery or collection of the Order.

1.4 Platform: the apps and tools of Famfoo and its affiliated companies and business partners on which the Service is made available.

1.5 Chef: an independent individual or a company that prepares and sells meals, beverages, and related items and uses the Platform for the establishment and payment of the Agreements.

1.6 Certified Chef: an HCCP certified independent individual or a company that prepares and sells meals, beverages, and related items and uses the Platform for the establishment and payment of the Agreements.

1.7 FAMFOO B.V.: Owner of Famfoo app.

2. Applicability:

2.1 These General Terms and Conditions apply to all offers from Famfoo and to all agreements concluded by Famfoo with buyers and chefs who use the Famfoo application.

2.2 The application of any other general terms and conditions is expressly rejected.

2.3 Deviations from and additions to these General Terms and Conditions are only valid if they have been agreed upon in writing between Famfoo and the user.

2.4 If any provision of these General Terms and Conditions is void or is declared void, the remaining provisions of these General Terms and Conditions will remain in full force and effect. Famfoo and the user will then establish a new provision by mutual agreement to replace the void/invalid provision, in which the purpose of the void/invalid provision is taken into account as much as possible.

2.5 Famfoo reserves the right to amend or supplement these General Terms and Conditions. Changes of minor importance can be made at any time.

2.6 Famfoo is at all times entitled to transfer the rights and obligations from the agreements relating to the services of Famfoo to one of its group companies. The user hereby unconditionally and irrevocably gives his consent and cooperation to such a transfer.

3. Services

3.1 Famfoo offers an online platform where buyers and chefs can meet and engage in transactions for the purchase and sale of homemade meals. The specific functionalities of this platform are described in the user manuals and on the Famfoo website.

3.2 Famfoo is not the owner, creator, seller, reformer, or supplier of the meals. Famfoo only provides the platform on which transactions can take place. The contractual relationship regarding the purchase and sale of meals is exclusively formed between the buyer and the chef. Famfoo is not involved in this contractual relationship and accepts no responsibility or liability for it.

3.3 The chefs are responsible for the quality, safety, legality, and accuracy of the meals they offer, as well as the ability to sell them. Famfoo makes no representations or warranties regarding the meals offered on the platform.

3.4 Buyers are responsible for complying with all legal obligations applicable to the purchase and consumption of meals. Famfoo is not responsible for the acts or omissions of the buyers.

3.5 Famfoo reserves the right to modify, suspend, or remove any content on the platform at any time and for any reason, without prior notice, including but not limited to content that violates these General Terms and Conditions, the Famfoo user manuals, or applicable laws.

4. Payments:

4.1 The transaction for purchasing a meal takes place between the buyer and the cook. Depending on the chosen payment option, the payment can be facilitated through the Famfoo platform or directly between the buyer and the cook.

4.2 For online payments, all amounts are immediately charged to the buyer at the time of purchase. All online payments must be made through the payment options available on the Famfoo platform.

4.3 For cash payments, the buyer pays directly to the cook. The cook is then responsible for paying the service fees to Famfoo B.V. The amount of these service fees will be displayed in the app under 'cash payments'.

4.4 Once the buyer confirms an order and does not cancel it on time according to the cook's cancellation policy, the buyer is obligated to pay the full amount of the order, regardless of whether online or cash payment is selected. In the case of cash payments, Famfoo B.V. will send an invoice to the buyer for the payment. If the buyer does not pay within the agreed-upon timeframe, Famfoo B.V. will engage a collection agency to collect the amount.

4.5 The price of each meal is determined by the cook and must include all applicable taxes. Cooks are responsible for collecting and remitting such taxes.

4.6 Famfoo applies a service fee for each transaction that takes place on the platform. This service fee is charged to the cook and will be deducted from the total amount paid to the cook in the case of online payments or must be paid by the cook in the case of cash payments.

4.7 Any refunds for purchased meals are solely managed by the cook in accordance with their own refund policy. Famfoo is not responsible for processing such refunds.

4.8 Famfoo is not liable for any non-performance or delay in the execution of payments that are due to factors beyond Famfoo's reasonable control.

4.9 Any disputes regarding payments must be resolved directly between the buyer and the cook. However, Famfoo will make reasonable efforts to assist in resolving such disputes.

5. Pickup and Delivery Terms

5.1 Pickup: When picking up orders, the buyer must pick up the order at the address indicated by the cook and at the agreed-upon time. Failure to pick up an order does not release the buyer from the payment obligation as described in Section 3 (Payments).

5.2 Delivery: If delivery is offered as an option by the cook and selected by the buyer, the cook is responsible for delivering the order to the agreed-upon location and time. The cook is responsible for safely and adequately packaging the meal to ensure quality and hygiene during transportation.

5.3 In the event of a failed delivery or pickup due to the buyer's actions, the buyer remains responsible for the full payment of the order. Failed deliveries can occur in the following situations, but are not limited to:

5.3.1 The buyer is not present at the agreed-upon location and time for delivery or pickup of the order.

5.3.2 The buyer provides incorrect or insufficient information about the delivery location, resulting in the cook's inability to deliver the order.

5.3.3 The buyer refuses to accept the order upon delivery without valid reason, such as a meal that does not match the description in the order.

5.3.4 The buyer is unable to accept the order at the agreed-upon time, for example, due to late arrival at the pickup location.

5.4 Famfoo B.V. is not liable for any delays, non-delivery, or incorrect delivery of the order by the cook, or any damages suffered by the buyer or the cook as a result.

5.5 In accordance with local health and safety regulations, all cooks are required to maintain hygiene standards during the preparation, packaging, and, if applicable, delivery of meals.

6. Cancellations and Return Policy:

6.1 Cancellations by the Buyer: The buyer has the right to cancel an order within 5 minutes of placing the order. If the cancellation occurs within this timeframe, Famfoo B.V. will fully refund the buyer, after deducting any applicable service fees. For cancellations that occur after this deadline, the buyer is obligated to pay the full price of the order.

6.2 Cancellations by the Cook: The cook may cancel the order at any time. In this case, the cook must pay the service fees to Famfoo B.V. The buyer is then entitled to a full refund of the purchase, including any service fees.

6.3 Return Policy: Given the nature of the products (food), Famfoo B.V. does not accept returns. In the event that a buyer experiences an issue with an order (e.g., the dish does not match the description or there are health and safety concerns), the buyer should file a claim through the claim option in the order. Famfoo B.V. will then conduct an investigation, and if an error is found, the buyer may be eligible for a partial or full refund, depending on the specific case.

7. Terms of Use:

7.1 Use of the Service: Users of Famfoo B.V., both cooks and buyers, must use the service responsibly and legally. All content uploaded by users, including photos, descriptions, and prices, must be accurate and comply with applicable laws and regulations. Posting content that is false, misleading, illegal, or offensive is prohibited.

7.2 Code of Conduct: Users must behave respectfully and professionally at all times. Offensive, discriminatory, or other unacceptable behavior will not be tolerated and may result in the suspension or termination of the service for the respective user.

7.3 Sale of Alcohol: Alcoholic beverages may not be sold or delivered through Famfoo B.V. to individuals below the legal drinking age in the relevant jurisdiction.

7.4 Food Safety: Cooks are responsible for ensuring the safety and quality of their food products, including compliance with all applicable food safety laws and regulations. It is the cook's responsibility to ensure that their kitchen and cooking practices comply with relevant hygiene standards.

7.5 Communication: All communication between buyers and cooks must take place through the Famfoo B.V. app. Personal contact information should not be shared outside the app. This helps protect the safety and privacy of all users and enables Famfoo B.V. to effectively mediate any disputes.

Violation of the Terms of Use: Any violation of these terms of use may result in actions deemed appropriate by Famfoo B.V., including, but not limited to, the suspension or termination of the service for the respective user. Famfoo B.V. also reserves the right to take any legally necessary steps in case of serious violations.

8 Privacy Policy:

8.1 Collection of Personal Information: When registering for our Service, Famfoo B.V. collects certain personal information, including your name, email address, phone number, and location. This information is used to provide and improve the services of Famfoo B.V.

8.2 Use of Personal Information: Your personal information is used to manage your account, process your orders, communicate with you, and improve our Service. We may also use your information to inform you about changes to our services, special offers, or new products that may be of interest to you.

8.3 Sharing of Personal Information: We do not share your personal information with third parties, except where necessary for the delivery of our Service, such as sharing your address with chefs for delivery, or as required by law.

8.4 Protection of Personal Information: We take the protection of your personal information seriously and employ appropriate measures to safeguard your information against unauthorized access, use, disclosure, alteration, or destruction.

8.5 Cookies: We use cookies and other tracking technologies to enhance your experience on our website, analyze website performance, personalize advertisements, and measure the effectiveness of our advertising campaigns.

8.6 Access to and Correction of Personal Information: You have the right to request access to your personal information and to request us to correct any inaccuracies in your information.

8.7 Contact: If you have any questions or concerns about our privacy policy or how we handle your personal information, please contact us using the contact information provided on our website.

8.8 Changes to the Privacy Policy: We reserve the right to modify this privacy policy at any time. Changes to the policy will be effective from the time they are published on our website.

8.9 Detailed Privacy Policy: For a more detailed overview of how Famfoo B.V. collects, uses, shares, and protects your personal data, please refer to our comprehensive Privacy Policy, which can be found under privacy policy tab in the app. By using our Service, you consent to the practices described in our Privacy Policy.

9. Intellectual Property Rights:

9.1 All intellectual property rights, including but not limited to copyrights, trademarks, patent rights, design rights, database rights, and know-how rights relating to the Service, including but not limited to the software, design, text, images, graphics, logos, layout, data files, and their selection and arrangement, and all other materials on our App and website, are owned by Famfoo B.V. or its licensors.

9.2 Famfoo B.V. grants the User a non-exclusive, non-transferable, non-sublicensable, revocable right to use the Service for personal, non-commercial use, in the manner and format provided by Famfoo B.V.

9.3 The User acknowledges and agrees that by using the Service, they do not acquire any rights to the Service or its content other than the rights expressly granted in these Terms and Conditions.

9.4 The User is not permitted to modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Service or any part thereof.

Prohibition of Copying and Unauthorized Use: It is strictly prohibited to copy, duplicate, reproduce, sell, resell, or otherwise exploit the Service or any part thereof, including but not limited to the app, for commercial purposes without the express written permission of Famfoo B.V. Additionally, the User is prohibited from applying reverse engineering, attempting to discover the source code, or in any way understanding the structure, sequence, or organization of the Service or the underlying software or technology. Any attempt to do so or to assist others in such acts will be considered a violation of the agreements and may result in civil and/or criminal penalties.

10 Content Policy:

10.1 General: All users of the Famfoo service are responsible for the content they post, including photos, comments, reviews, links, and other types of content. It is not allowed to post content that is unlawful, offensive, threatening, defamatory, obscene, hateful, pornographic, or otherwise harmful.

10.2 Third-Party Rights: Users may not post content that infringes on the rights of third parties, including privacy rights, publicity rights, copyrights, trademark rights, or other proprietary rights or contractual rights.

10.3 Inappropriate Content: Content containing violence or nudity, promoting discrimination or hatred towards individuals or groups based on race, ethnicity, religion, gender, sexual orientation, age, or disability, or promoting illegal activities, is strictly prohibited.

10.4 Misleading Content: Content must not be misleading, such as false statements or claims, or pretending to be someone else.

10.5 Advertising and Promotion: Users may not use the Famfoo service for unauthorized advertising, promotion, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of intrusive communication.

10.6 Personal Information: It is not allowed to publish the personal information of others without their permission, including address, phone number, email address, credit card information, or other personal information.

10.7 Famfoo B.V. has the right, but not the obligation, to monitor, edit, or remove any form of content posted on the service. However, Famfoo B.V. cannot always monitor all content and is not responsible for the content users post.

10.8 Users are fully responsible for the content they post and any risks associated with it, including the reliability, accuracy, or usability of such content or any potential infringement of third-party rights. Famfoo B.V. is not responsible for any loss or damage resulting from the content users post.

Famfoo B.V. reserves the right to suspend or terminate user accounts and/or remove content for any reason and without prior notice, at its sole discretion, including but not limited to a violation of this content policy.

Content Uploads: By uploading content to the Service, such as photos of your meals, you retain all ownership rights you had in your content. However, by uploading content to the Service, you grant Famfoo B.V. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform such content.

11. Termination:

11.1 General: Famfoo B.V. reserves the right to terminate or restrict a user's access to the service at any time, at its sole discretion and without prior notice, for any reason or no reason.

Any evidence of abuse of the service, including but not limited to a violation of these Terms and Conditions, falsification of information, illegal activities, harassment, or disruption of other users, will result in immediate termination of the user's account and possible legal action.

11.3 Inactivity: Famfoo B.V. reserves the right to deactivate or delete accounts that have been inactive for a certain period.

11.4 Consequences of Termination: Upon termination of an account, the user will no longer have access to the service, and Famfoo B.V. may delete all information and content related to the account. Famfoo B.V. is not responsible for the loss of such information.

11.5 Reversal of Termination: The decision to reopen an account after termination is solely at the discretion of Famfoo B.V. There is no guarantee that an account will be reopened.

11.6 Survival: All provisions of these Terms and Conditions that by their nature survive, shall survive termination, including but not limited to provisions regarding ownership, indemnification, warranty disclaimers, and limitations of liability.

2. Liability:

12.1 Famfoo B.V. is a platform that connects Buyers and Cooks. Famfoo B.V. is not involved in the physical transaction between Buyers and Cooks and therefore is not responsible for any disputes, claims, losses, damages, injuries, or delays arising from these transactions.

12.2 Except in cases of intentional misconduct or gross negligence, Famfoo B.V. shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for loss of profits or interruption of business, loss of information, or other economic losses) arising from the use of or inability to use the Services, even if Famfoo B.V. has been notified of the possibility of such damages.

12.3 The user indemnifies Famfoo B.V., its subsidiaries, affiliates, officers, agents, employees, partners, and licensors, and agrees to hold them harmless against any claims or demands, including reasonable attorney's fees, made by any third party arising out of or related to your use of the Services, your violation of these Terms and Conditions, or your infringement of any third-party rights.

12.4 Users acknowledge and agree that Famfoo B.V. has no control over the food products produced and sold by the Cooks. Famfoo B.V. assumes no liability for the quality, safety, or hygiene of these food products. Any claim regarding the food should be directed to the Cook.

12.5 Famfoo B.V. disclaims all express and implied warranties with respect to the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12.6 Famfoo B.V. cannot guarantee that the Services will always be secure, safe, uninterrupted, timely, accurate, complete, error-free, free of viruses or other harmful components, or that the Services will always meet your expectations.

13. Disputes and Applicable Law:

13.1 These Terms and Conditions and any agreement arising from or related to them shall be governed by and interpreted in accordance with Dutch law, without regard to conflicts of law provisions.

13.2 Any disputes arising from or related to these Terms and Conditions, the Services of Famfoo B.V., or your relationship with Famfoo B.V., shall be exclusively resolved by the competent courts in the Netherlands. The User hereby irrevocably agrees to the exclusive jurisdiction of these courts.

13.3 Before initiating legal proceedings, you agree to first follow Famfoo B.V.'s dispute resolution process, which entails contacting Famfoo B.V. via info@famfoo.nl to resolve the issue. If the dispute is not resolved within 30 days of submission, you may initiate a formal procedure.

The user agrees that, notwithstanding any statutory or contractual provisions to the contrary, any claim or action arising out of or related to this Agreement or the use of the Services must be filed within one year of the arising of the claim or action, or be forever barred.

14. Tax Obligations:

14.1 The Cooks, as independent entities, are responsible for fulfilling all tax obligations arising from the activities they perform through the Famfoo B.V. service.

14.2 It is the responsibility of the Cook to determine if they are subject to taxation according to the legislation of their country or state. This may include, but is not limited to, value-added tax (VAT), income tax, and other local, state, national, or international taxes.

14.3 If a Cook is required by law to establish a business or register as a company, it is the responsibility of the Cook. Famfoo B.V. is in no way responsible for fulfilling this obligation.

14.4 Famfoo B.V. is not responsible for tracking or paying taxes on behalf of the Cooks.

14.5 Cooks are advised to seek professional tax advice to ensure compliance with all applicable tax laws and regulations.

15. Contact Information:

For any questions, comments, or complaints about these Terms and Conditions,