Supshare Terms of Service
Last Revised: June 11, 2018
Welcome to Supshare, a website operated by SupShare VOF. (“Supshare,” “us,” and “we”). Supshare VOF is registered with the Dutch Chamber of Commerce under number 70518157 and having its seat at Valentijnkade 55E, 1095JK in Amsterdam, the Netherlands. Supshare is a marketplace platform that connects users looking for home cooked food (the “Buyers”) with cooks who wish to sell meals (the “SupChefs”) (the “Services”). The Site lists the available upcoming meals, including information about the SupChef, the meal and pick-up instructions. However, by using the site as a Buyer, you understand that SupChefs are ultimately responsible for all information posted on the Site, and the ultimate safety and legality of their food. As a Buyer and as a SupChef you are responsible for any information you post using the platform and you must comply with our Hygiene Guidelines.
2. In Short
These terms set forth legally binding terms and govern your access to any and all use of the site and services. By accessing or using the site or services, you are accepting these terms and you represent and warrant that (1) you have read, understand, and agree to be bound by the terms, (2) you are at least 18 years old, and (3) you have the right and authority to enter into the terms. You may not access or use the site or services if you are not at least 18 years old. If you do not agree to be bound by these terms, you may not access or use the site or services.
Note regarding dispute resolution: these terms require the use of arbitration on an individual basis to resolve any and all disputes that may arise between us. By accepting these terms, you give up your right to sue in court and further give up your right to sue on behalf of a class, these terms also limit the remedies available to you in the event of a dispute.
Certain features of the Site or Services may be subject to additional terms which will be posted on the Site or Services in connection with such features. All such additional terms are incorporated by reference into these Terms. In the event of a conflict between the additional terms and any provision in these Terms, the additional terms will prevail, but only with respect to the Service to which the additional terms apply
3. How the Services Work
Supshare is an online platform or marketplace that connects Buyers with SupChefs so that they can arrange for the purchase of home cooked food. Through the platform, Buyers and SupChefs order food directly with each other. Each SupChef collecting payment for Food sold via the SupShare Platform hereby accepts that SupShare will act on behalf of the SupChef. SupShare does not create, provide, own or operate the preparation of the food, or the private homes where the food preparation takes place. Unless expressly stated otherwise within these Terms of Service, Supshare’s responsibilities are limited to: (i) making the Site and its Services available and (ii) serving as the limited payment collection agent of each SupChef for the purpose of accepting payments from Buyers on behalf of the SupChef.
- SupChef Applications: Content. As a SupChef, you determine the terms upon which the order of your Food will be provided. You will submit an application to us that contains: (i) content and images that provide biographical information about you and a description of your meals, (ii) the price to be paid for the meals and (iii) all applicable policies, restrictions and contractual arrangements (e.g., cancellation policies and liability waivers required for all Buyers) applicable to the Buyers (collectively, “Rules”). Submitting an application is in no way binding on Supshare, Supshare is not obligated to accept your application or any of its contents, nor is Supshare obligated to promote your food.
- Acceptance of Application. If we accept your application, you authorize us to post information about your food, including: (i) your name, images, and biographical information, (ii) a description of the food and (iii) the price you have set, on the Services. We may also promote you and your food using the content you have provided, using any method and medium that we deem appropriate, including through e-mail, mobile applications and any other distribution channel owned, affiliated, controlled or operated by Supshare. Supshare may promote your food to Supshare customers and potential customers based on geographic or other geolocational data, but will determine the customers and potential customers to whom your food is actually promoted and made available, if any, in its sole discretion. SupChefs are solely responsible for the food, all content they provide regarding their food and any and all interaction with Buyers.
Buyer Bookings. Supshare provides a platform through which Buyers can elect to purchase meals from Supchefs. As a Buyer, you understand that SupShare’s only role is to facilitate communications between SupChefs and Buyers for the purpose of Bookings and it’s not responsible for content provided to the Site by SupChef or any aspect of the food itself.
SupShare provides a commercial service to SupChefs offering Food via the SupShare Platform, and as such acts as an agent for SupChefs as specified in the Payment Terms (Section 9)a
- SupChef Commitments. By participating as a SupChef, you represent and warrant: (i) that the information you submit to us or post on the Services regarding your Food is true and accurate; (ii) that you will make the Food available to Buyers in accordance with the information you provide and at the times and locations specified; (iii) that you have obtained and will maintain all necessary certifications and licenses and that you comply with all legal requirements, including but not limited to all applicable laws and industry standards (including business licenses, applicable food handling requirements, fire codes, zoning requirements, any required health and safety inspections and, to the extent applicable, the collection and remittance of sales taxes); (iv) that you will provide the Food without imposing restrictions or policies not listed in the Rules; (v) that you will not accept any gratuity or require additional payments not listed on the Site and Services; and (vi) that you will not solicit users to participate in ordering Food off the platform or otherwise circumvent any fees that are paid or would be payable to Supshare. You further agree that unless you obtain the express written consent of any Buyer, you will use any contact information that the Buyer provides to you only to communicate with the Buyer about your Food and for no other purpose.
- Buyer Commitments. By participating as a Buyer, you represent and warrant: (i) that you will comply with the Rules; (ii) not solicit SupChefs or other Buyers for any commercial, religious or other reasons; (iii) arrive on time and at the stated location to purchase the meals and pick up the Food and (iv) pay the agreed upon price for the Food. You, as a Buyer, agree and acknowledge that, to the extent stated in the Rules, SupChefs, in their sole discretion, reserve the right to refuse the ordered Food, without refund, if you violate any of the Rules.
- Relationship between Buyers and SupChefs. Buyers understand that SupChefs prepare and provide food in their private home kitchens and all preparation is done out of private home kitchens. Supshare does not control the quality, safety, or legality of the Food,(including the meals, the ability of SupChefs to provide meals, or the ability of Buyers to pay for Food. If you are a Buyer, you provide to each SupShare the covenants provided to Supshare in Sections 1(e). If you are a SupChef, you provide to each Buyer the covenants provided to Supshare in Section 1(d). Buyers and SupChefs each acknowledge that the other is a third party beneficiary of this Agreement, but solely with respect to those provisions.
SupShare is accepting payments exclusively on behalf of SupChefs as a limited payment collection agent (“Handelsagent” in Dutch). As a limited payment collection agent, SupShare facilitates, and is responsible for the payment of a sale from a Chef to a Buyer. SupShare does not facilitate preliminary payment requests. In the case of customer complaints, SupShare will facilitate to the best of their abilities, however, SupShare carries no responsibility for the Food itself.
Any funds held will be paid out twice a week, and will never be held for more than 5 days. SupChefs will receive an invoice every time after funds are paid out.
Before paying out any funds, SupShare will verify the identity of SupChefs by transferring 0,01€ to the bank account of a SupChef. The name of the bank account holder has to match the name of SupChef. Fees and Payment terms are specified in-depth in Section 9.
4. Supshare’s Legal Disclaimers
- Compliance with Laws. As noted above, SupChefs are solely responsible for compliance with all applicable laws, rules, regulations and local ordinances, including without limitation, obtaining necessary permits and/or licenses, including business licenses, alcohol licenses and any other applicable license, compliance with fire codes, zoning ordinances and any required or applicable health and safety rules, regulations or inspections (collectively, “Regulations”), collection and payment of any applicable taxes or other payments that may be applicable to ordering Food. Supshare makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits or other consents that may be necessary to provide any Food. Should you have any questions regarding laws or regulations applicable to providing Food or regarding consents/applications/licenses necessary to provide any Food, you should consult your own legal counsel. You further agree that you, as a SupChef, are solely responsible for your Food and agree to indemnify, defend and hold harmless Supshare from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from selling your Food, including any violation of any Regulations, or other taxes and payments which may be applicable to selling your Food.
- No Identity Verification by Supshare. You acknowledge and understand that Supshare does not attempt to confirm, and does not confirm, any user’s (whether SupChef or Buyer) purported identity. We do not investigate any user’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, whether as Buyers or Supchefs. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users. Supshare encourages you to communicate directly with others through the tools available on the Site and to review your Supchef’s profile pages for feedback from other users. You may also wish to consider using a third-party service that provides additional user verification.
- Release of Liability and Hold Harmless. To the extent permitted under applicable laws, you hereby release Supshare from any liability related to: (i) any incorrect or inaccurate Content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (ii) the conduct, whether online or offline, of any SupChef or Buyer; (iii) any injury, loss or damage caused by another user, when ordering Food, any meal, or Content posted on the Services, whether online or offline; and (iv) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services’ users’ communications.
You expressly acknowledge and agree that your use of the site and services is at your sole risk and that, to the maximum extent permitted by applicable law, the site and services and any content or information provided by the site or services are provided “as is” and “as available”, with all faults and without warranty of any kind, and Supshare hereby disclaims all warranties and conditions with respect to the site and services and any content or information provided by the site or services either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement. Supshare does not warrant that the site or services or any content provided by the site or services, including any user content, will meet your requirements, that the operation of the site or services will be uninterrupted or error-free, or that defects in the site or services will be corrected. No oral or written information or advice given by type or its authorized representatives will create a warranty.
- Limitation on Liability. Neither Supshare, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of use, data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your use of the site or services or arising out of any action taken in response to or as a result of any content or other information available on the site or services, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing will apply even if Supshare was advised of the possibility of such damages. If you become dissatisfied in any way with the site or services or these terms your sole and exclusive remedy is to stop your use of the site or services. Notwithstanding anything to the contrary contained herein, our (and our suppliers’) liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to fifty euros (€50). The existence of more than one claim will not enlarge this limit. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Supshare and you.
5. The Site and Services
- Licenses. Subject to these Terms, Supshare grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal use. You consent to Supshare photographing and/or recording your participation in ordering or selling Food (whether you are a Buyer or a SupChef) and further agree that: (1) any such image, recording or video (collectively “Recording”) will be owned exclusively by Supshare; (2) to the extent that your name, likeness, biography and / or voice appears in any such Recording, you grant to Supshare an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the Site and Services.
- Restrictions on Use. The rights granted to you in these Terms are subject to the following restrictions: (i) you will not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Site or Services; (ii) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (iii) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such), and any such use is expressly unauthorized; (iv) you will not access the Site or Services in order to build or promote a similar or competitive website, application, or service; and (v) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services will be subject to the Terms. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Supshare makes no representation that the Site or Services are appropriate for use in locations other than the Netherlands. Supshare reserves the right in its sole discretion to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice at any time for any reason. You agree that Supshare will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
- Ownership. Except with respect to your User Content (as defined below), you agree that (i) the Site and Services are and will remain the sole property of Supshare and is subject to protection under Dutch. and foreign copyright laws and (ii) Supshare (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Site and Services. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such Site or Services. The Supshare name, logo, and the product names associated with the Site or Services belong to Supshare (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Supshare (and its licensors, where applicable) reserves all rights not granted in this Agreement.
- Updates. As detailed further below, Supshare provides the Site and Services on an “AS-IS” basis. You agree that Supshare is not obligated to create or provide any support, corrections, maintenance, updates, upgrades, bug fixes, and/or enhancements of the Site or Services (each an “Update”). However, in the event Supshare decides to offer an Update, you agree that Supshare may amend these Terms in connection with such Update without specific notice to you other than a written notification upon order checkout (and a box you will have to check) and that your use of the Site or Services following such Update is conditioned upon your acceptance of any revised Terms. By using the Site or Services following an Update, you are representing that you have reviewed the then-current version of the Terms and agree to be bound by such version. All Updates will be governed by the version of these Terms published by Supshare as of the date you use the Site or Services following such update.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us (“Feedback”) is at your own risk and that Supshare has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Supshare a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.
- In General. In order to use certain aspects of the Services, you may have to register for an account with us (“Account”). To create an Account, you must provide certain information about yourself as prompted by the registration process on the Site. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Supshare of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Supshare cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may not have more than one Account. You agree not to create an Account or use the Site or Services if you have been previously removed by us or banned from any of the Services. Supshare reserves the right in its sole discretion to suspend or terminate your Account and refuse any and all current or future use of the Site or Services (or any portion thereof) at any time for any reason. You agree that Supshare will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of the Site or Services (or any portion thereof). Information on your profile will include information and content you provide and/or upload as well as information we collect from your account with social networking sites (each an “SNS”) (“Profile Information”). Supshare reserves the right in its sole discretion to remove Profile Information at any time for any reason. You agree that Supshare will not be liable to you or to any third party for such removal.
- Social Networking Sites. The Services may allow users to connect with various SNSs. By connecting your SNS account, you represent that you are entitled to grant us access to your SNS account without breach by you of any SNS terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Supshare access to your SNS account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your SNS account (“SNS Content”) accessible through the Site and Services so that it is available on your Account. Unless otherwise specified in the Terms, all SNS Content will be deemed your User Content (as defined below) for all purposes of the Terms. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY AN SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE SNS. Supshare makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Supshare is not responsible for any SNS Content.
7. User Content
- Your User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services. You, and not Supshare, are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (as defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Supshare. Because you alone are responsible for your User Content (and not Supshare), unless explicitly stated otherwise. You may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Supshare is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Supshare has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site or Services. You acknowledge that Supshare has no obligation to pre-screen User Content, although Supshare reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason. Please make sure that you only provide information to the services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible by users of the site and services.
- License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to Supshare an irrevocable, perpetual, nonexclusive, royalty-free, and fully paid, worldwide license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (in whole or in part), and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services and operating and providing the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Ownership. Each user owns its own User Content. By making available your User Content on or in the Site or Services, you represent that you own or have all rights necessary to make available your User Content.
- Content Provided by Other Parties. The Site and Services may contain User Content provided by other users or third parties. We are not responsible for and do not control such content. We have the right, but no obligation to review or monitor such content. We do not approve, endorse or make any representations or warranties with respect to such content. You use all such contact at your own risk.
8. Acceptable Use Policy
The following sets forth Supshare’s “Acceptable Use Policy”:
- In General. As a condition of use, you agree not to use the Site or Services for any purpose that is prohibited by the Terms or by applicable law. You will not (and will not permit any third party) either (i) take any action or (ii) make available any User Content on or through the Site or Services that: (A) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libelous, deceptive, fraudulent, false, intentionally misleading, pornographic, invasive of another’s privacy, tortious, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual), vulgar, profane or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (C) in violation of any laws, or obligations or restrictions imposed by any third party; (D) constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (E) involves commercial activities and/or sales without Supshare’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (F) impersonates any person or entity, including any employee or representative of Supshare, or falsifies or misrepresents yourself or your affiliation with any person or entity; (G) interferes with or attempt to interfere with the proper functioning of the Site or Services or uses the Site or Services in any way not expressly permitted by the Terms; (H) harasses or interferes with another user’s use and enjoyment of the Site or Services; (I) harvests, collects, gathers or assembles information or data regarding other users, including e-mail addresses, without their consent; (J) displays, mirrors, or frames the Site (K) attempts to engage in or engage in, any potentially harmful acts that are directed against the Site or Services, including but not limited to violating or attempting to violate any security features of the Site or Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Site or Services, introducing viruses, worms, or any software intended to damage or alter a computer system or data, interfering with, disrupting, or creating an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks, attempting to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means.
- Community Interactions. The Site may include various areas that enable you to post information, provide feedback, recommendations, reviews, and comments, and otherwise interact with other users, either through postings or by interacting in real-time (the “Community Forums”). In connection with such Community Forums, you agree to abide by any rules that Supshare publishes in connection therewith, including but not limited to, the prohibition on use of the Site for any unlawful purpose. Although Supshare may from time to time review the Community Forums, you acknowledge and agree that Supshare is under no obligation to monitor or control, and will have no liability for, any information available via the Community Forums. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Supshare reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
- Investigations. Supshare reserve the right (but has no obligation) to monitor or review the Site and Services and User Content at any time, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy, any other provision of the Terms, any applicable law or otherwise create liability for us or any other person.
9. Fees and Payment Terms
9.1. Scope and Use of the Payment Services
9.1.1. Supshare provides payments services to SupChefs, including payment collection services, payments and payouts, in connection with and through the Supshare Platform (“Payment Services”).
9.1.2 Supshare may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Supshare may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
9.1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and SupChefs should review them independently. SupShare is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by SupShare of such Third-Party Services. SupShare uses Mollie BV as a Third-Part payment processor.
9.1.4 You may not use the Payment Services except as authorized by the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any EU embargoed countries; or (ii) to anyone on the EU list of prohibited or restricted parties. You represent and warrant that: (i) neither you nor your Workshop are located or take place in a country that is subject to an EU embargo, or that has been designated by the EU as a “terrorist supporting” country; and (ii) you are not listed on any EU list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
9.1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
9.2. Key Definitions
“Payout” means a payment initiated by SupShare to a SupChef for Food that is sold through the SupShare platform.
“Payout Information” means the financial information you provide about the account on which SupShare will transfer funds for Food sold on the SupShare platform.
9.3. Payout Information
9.3.1 When you create your account as a SupChef, you will be asked to provide customary billing information such as name, billing address, and financial instrument information. You must provide accurate, current, and complete information when adding Payout Information, and it is your obligation to keep your Payout Information up-to-date at all times. The Payout Information required will include:
Your address, name on the account, account type, routing number (BIC or SWIFT), and account number (IBAN).
9.3.2 When you provide the Payout Information, Supshare will verify this by transferring €0,01 to your account.
9.3.3 You are solely responsible for the accuracy and completeness of your Payout Information. SupShare is not responsible for any loss suffered by you as a result of incorrect Payout Information provided by you.
9.4. Appointment of SupShare as Limited Payment Collection Agent
9.4.1 Each SupChef collecting payment for Food sold via the SupShare Platform hereby appoints SupShare as the SupChef’s payment collection agent solely for the limited purpose of accepting funds from Buyers purchasing Food.
9.4.2 Each SupChef agrees that payment made by a Buyer through SupShare, shall be considered the same as a payment made directly to the SupChef and the Buyer will provide the purchased Food to the Buyer in the agreed-upon manner as if the SupChef has received the payment directly from the Buyer. Each SupChef understands that SupShare obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Buyers. If this is not the case, SupShare may refund the Buyer. SupShare guarantees payments to SupChefs only for such amounts that have been successfully received by SupShare from Buyers in accordance with these Terms. In accepting appointment as the limited payment collection agent of the SupChef, SupShare assumes no liability for any acts or omissions of the SupChef.
9.4.3 Each Buyer acknowledges and agrees that, notwithstanding the fact that SupShare is not a party to the agreement between you and the SupChef, SupShare acts as the SupChef’s payment collection agent for the limited purpose of accepting payments from you on behalf of the SupChef. Upon your payment of the funds to SupShare, your payment obligation to the SupChef for the agreed upon amount is extinguished, and SupShare is responsible for remitting the funds to the SupChef in the manner described in these Terms, which constitute SupShare’s agreement with the Buyer. In the event that SupShare does not remit any such amounts, the SupChef will have recourse only against SupShare and not the Buyer directly.
9.5. General Financial Terms
9.5.1 Payment fees
SupShare collects €0,29 from the payment made by the Buyer to cover the online payment fees.
9.6. Cancellations & Refunds
9.6.1 If a SupChef cancels a confirmed booking, SupShare will provide the Buyer a full refund of the Total Fees within a commercially reasonable time of the cancellation.
9.6.2 If, as a SupChef, you cancel a confirmed booking, you agree that SupShare may collect any payment fees imposed pursuant to these Terms. In these instances, SupShare will treat your cancellation as a payment authorization.
9.6.3 If, as a SupChef, your Buyer cancels a confirmed booking or SupShare decides that it is necessary to cancel a confirmed booking, and SupShare issues a refund to the Buyer in accordance with these Terms, or other applicable cancellation policy, you agree that in the event you have already been paid, SupShare will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.6.4 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of, so that you end up receiving or paying the correct amount.
10. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site or Services. You may terminate your Account at any time, for any reason, by following the instructions on the Site. Supshare may, in its sole discretion, suspend your rights to use the Site and/or Services and/or suspend, disable, or delete your Account (or any part thereof) at any time for any reason. Upon termination of these Terms, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however, we reserve the right to continue to use your User Content. Supshare will not have any liability whatsoever to you for any termination of the Terms, including for termination of your Account or deletion of your User Content. All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
DISPUTE RESOLUTION: ARBITRATION, CLASS ACTION WAIVER AND JURISDICTION.
PLEASE READ THIS SECTION CAREFULLY, IT AFFECTS YOUR RIGHTS
Except for a claim by Supshare of infringement or misappropriation of Supshare’s intellectual property rights, any and all disputes between you and the Company are subject to mandatory arbitration. We anticipate that most disputes between us can be resolved informally by following the informal dispute resolution process set forth below. In the event that we cannot informally resolve a dispute, then you and Supshare agree to be bound by the agreement to resolve disputes through the binding arbitration process described in this Section. This agreement to arbitrate is intended to be interpreted broadly. This agreement to arbitrate governs all disputes between us that arise out of or relate to this agreement or the Services, regardless of whether they are based in contract, tort, statute or any other legal theory and expressly includes, but not limited to: (1) claims relating to advertising; (2) claims that arose before this Agreement or any prior agreement; (3) claims that arise after the termination of this Agreement; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class (“Disputes”)
The only Disputes that are not covered by this Section are: (1) small claims actions; (2) claims to enforce intellectual property rights; (3) claims arising out of or relating to unauthorized use of intellectual property, including but not limited to piracy or theft.
1. Informal Dispute Resolution Procedure: Before initiating arbitration, you and Supshare agree to first make a good faith and reasonable attempt to informally resolve any Dispute. You and Supshare agree that informal dispute resolution procedures will begin by one party notifying the other in writing of the nature of the dispute. The written notice of dispute shall contain all information reasonably necessary to engage in good faith negotiations. Consumers invoking this section agree to provide information sufficient to identify the Supshare account at issue as well as the meal and cook at issue, if applicable. If Supshare invokes this procedure, then it agrees to provide contact information for Dispute Resolution as well as information sufficient to put the consumer on reasonable notice of the nature of the Dispute. The parties agree to negotiate in good faith for at least 30 days following the date of the written notice of dispute. If after that period, the Dispute is not resolved, either party may commence arbitration pursuant to the procedure set forth below. Notices of Dispute should be sent to Valentijnkade 55E, 1095JK, Amsterdam
11. Miscellaneous Provisions
- Entire Agreement; Severability; Waiver. These Terms constitute the entire agreement between you and Supshare, and supersedes all prior and contemporaneous discussions between the parties with respect to the subject matter hereof. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. No failure or delay by Supshare in exercising any right hereunder will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Successors; Assignment; Relationship of Parties. This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms or your rights and obligations hereunder without Supshare’s prior written consent, and any attempted assignment or transfer in violation of the foregoing will be null and void. Your relationship to Supshare is that of an independent contractor, and neither party is an agent or partner of the other.
- Changes to the Terms. The Terms may be updated from time to time for any reason. We will notify you of any changes to our Terms by posting the new Terms here: www.supshare.nl. After we make the change and we will change the “Last Revised” date above. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any). Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Contact Information. Supshare’s contact information for any end-user questions, complaints or claims with respect to the Site of Services is:
Valentijnkade 55E, 1095JK, Amsterdam, The Netherlands