Terms and Conditions
User Agreement: www.feedup.co.uk
FeedUp ("Feedup", "we" or "us") operates an online platform allowing users ("User" or "You") to connect and host or attend and events through FeedUp’s platform including through our website at https://www.feedup.com.au, or any other platform we may introduce in the future ("FeedUp Platform").
Use of the FeedUp Platform or use of the FeedUp Services confirms that You agree to be bound by this Agreement.
1. SCOPE OF FeedUp's SERVICE
1.1. FeedUp provides a platform for connecting people who would like to host ("Event host" or "host") with those willing to attend a dining event ("Event attendee" or "attendee").
1.2. A reference to User in this agreement includes both event host and event attendee, and any other person that visits or views the FeedUp Platform.
1.3. A User creates an account with FeedUp when s/he validly completes a registration form on the FeedUp Platform.
1.4. FeedUp provides the platform only. Apart from enabling an attendee to find an FeedUp listing, FeedUp accepts no liability for any aspect of the Event and FeedUp host interaction, including but not limited to the description dining event offered, the performance of services and the delivery of goods. FeedUp has no obligation to any User to assist or involve itself in any way in any dispute between an event host and an event attendee.
1.5. All information related to events to be listed is supplied by FeedUp's Users. FeedUp does not have any ability or responsibility to review, approve or verify any User provided information prior to publication on the FeedUp Platform.
1.6. You expressly agree that FeedUp has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all event hosts and event attendees), including, but not limited to, the ability of FeedUp event hosts to provide the service, or the honesty or accuracy of any information provided by event host or the event attendees.
2. FeedUp's SERVICE DESCRIPTION
2.1. The FeedUp Service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the FeedUp Service may be separately described on the FeedUp Platform.
2.2. A FeedUp host with an ability to provide a dining event (1) creates an account with FeedUp and (2) Posts an event listing.
2.3. If a FeedUp attendee desires to attend a hosts listed event they offer to attend the host event.
By accepting an offer by the attendee the host confirms that s/he is legally entitled to and capable of supplying the services described in the event listing. Offers are subject to further terms set out for listing events below.
2.4. If the host agrees to a FeedUp's attendees offer, the host will accept that FeedUp attendees offer by using the functionality on the FeedUp Platform and providing the agreed contribution into the transaction facility accessible via the FeedUp platform which uses PayPal as a provider.
2.5. The FeedUp host and attendee use a message feature on the FeedUp Platform to communicate directly about event listings.
2.6. Once an event host has accepted an offer from a FeedUp Attendee, the contribution is transferred to the host Paypal account minus the Paypal fees and FeedUp fee (detailed below).
2.7. Once a host has accepted an offer from an FeedUp attendee and provided the agreed contribution into the host Paypal account then the host and the attendee will be deemed to have entered into a separate contract under which the attendee agrees to contribute to the event, and the host agrees to provide the event services and goods as described ("Event Contract").
2.8. The terms of the Event Contract incorporate the terms of this Agreement (to the extent they apply to the FeedUp host and attendee) and any additional terms and conditions agreed between the host and the attendee, including the description and price of the services or goods to be provided. You agree not to enter into any contractual provisions in a Event Contract that conflict with this Agreement. The terms of this Agreement incorporated into a Event Contract take priority over any other terms agreed between a Event host and attendee in the Event Contract to the extent of any inconsistency.
2.9. The FeedUp host must provide the services or goods to the attendee in accordance with the Event Contract, unless the services, goods or transaction is prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies.
2.10. Once an FeedUp host has provided the goods or services requested by the attendee in accordance with the Event Contract, the attendee must provide notice that the task is complete by using the FeedUp Platform functionality. It will be material breach of this Agreement and the Event Contract if an FeedUp attendee provides notice that a task is complete for a particular listed event without having recieved the relevant goods / services.
2.11. Once a transaction is concluded, both the host and attendee are strongly encouraged to complete a FeedUp service review using any feedback features on the FeedUp Platform. FeedUp will, from time to time, contact You to remind You to complete a FeedUp service review.
2.12. It is strongly recommended that event hosts and attendees provide mobile telephone information within profile set up so that you may be contacted by FeedUp in need.
2.13. The FeedUp Platform may from time to time include location/ map-based functionality. The FeedUp Platform may display the location of hosts and attendees to persons browsing the FeedUp Platform. Each event host will be asked to provide the street and suburb where the event is to be performed. A Host should take the necessary precautions when disclosing personal details.
3. PAYMENT AND REFUNDS
3.1. The contribution transaction is only completed when the host accepts the offer to attend. All transaction should be conducted through the secure payment platform PayPal incorporated within FeedUp. If the offer to attend an event is not accepted within 3 days then the offer to attend the listed event is automatically refused and no transaction is completed.
3.2. If the host and the attendee mutually agree to cancel the Event Contract and there is no dispute between the Host and the attendee, then the event host will refund the event contribution back into the attendees nominated account using PayPal.
4. PAYMENT FACILITY
4.1. FeedUp will use a third party service provider (PayPal) to provide payment services acting as a payment facilitator and agent on behalf of the host and attendee.
5. ELIGIBILITY TO REGISTER
5.1. To create an account and use the FeedUp Services You must be able to form legally binding contracts under applicable law. FeedUp Services are not available to persons under 18 years of age. If You do not qualify to use the FeedUp Services, You must not use the services.
5.2. While You are registered with FeedUp You must maintain control of your FeedUp account. You may not deal with your account (including feedback and associated User ID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
5.3. At its absolute discretion, FeedUp may refuse to allow any person to register or create an account with FeedUp or cancel or suspend any existing account.
6. USER’S OBLIGATIONS
6.1. You agree that at all times:
(a) You will comply with this Agreement (including all FeedUp Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the FeedUp Platform;
(c) You will promptly and efficiently perform all your obligations to other FeedUp Users under an Event Contract and to FeedUp under this Agreement;
(d) all content (whether provided by FeedUp, a User or a third party) on the FeedUp Platform may not be used on third party sites or for other business purposes without FeedUp's prior permission; and
(e) You will ensure that You are aware of any laws that apply to You as a host or an attendee, or in relation to any other way(s) that You use the FeedUp Platform.
(f) You will at all times adhere to the relevant food safety laws applicable to your jurisdiction.
6.2. You must not use the FeedUp Platform for any illegal or immoral purpose.
6.3. You grant to FeedUp an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the FeedUp Platform for the purpose of including that material and information on the FeedUp Platform and as otherwise may be required to provide the FeedUp Service, for the general promotion of the FeedUp Service and as permitted by this Agreement.
6.4. Any information posted on FeedUp Platform must not, in any way whatsoever, be potentially or actually harmful to FeedUp or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by FeedUp. Without limiting any provision of this Agreement, any information You supply to FeedUp must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in FeedUp's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any FeedUp's Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
6.5. You must have the right to provide goods and services under an Event Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under an Event Contract.
6.6. When You enter into a Event Contract using the FeedUp Platform You create a legally binding contract with another FeedUp User, unless the transaction is prohibited by law or by this Agreement (including the FeedUp Policies). If You do not comply with your obligations to another FeedUp User under a Task Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not FeedUp - are responsible for enforcing any rights that You may have with that User.
7.1. Registering and creating and account with FeedUp requires a subscription. Detail for the subscription costs will be made available prior to purchase. There is no charge for FeedUp users to view content on the FeedUp Platform, including listed events.
7.2. If a host has accepted an offer, You the host agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to FeedUp (or its nominee), which are inclusive of GST.
As at 04/02/2017 The service fees are set out as follows:
2% of each attendee contribution deducted from the host fee or £0.50 transaction minimum per attendee. A minimum transaction size per attendee of £10 applies.
7.3. Transaction fees are also payable to PayPay as detailed here https://www.paypal.com/uk/webapps/mpp/paypal-fees
7.4. The Service Fees will be deducted and provided to FeedUp following the transaction between the host and attendee.
7.5. FeedUp may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen and available to view as part of the listing process.
7.6. FeedUp may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your FeedUp account.
7.7. All fees and charges payable to FeedUp are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions.
7.8. If FeedUp introduces a new service on the FeedUp Platform, the fees applying to that service will be payable as from the launch of the service and will also be “Service Fees” under this Agreement.
7.9. Hosts are permitted to set there own event attendee contributions dependent on the event type and quality offered.
8. POSTING EVENTS AND MAKING OFFERS
8.1. A listed event must include the following details in order to be accepted by FeedUp:
(a) Event Date and time: The Event Date and Time.
(b) Contribution: the contribution that the hosts prepared to receive in order to provide the listed service.
(c) Description: a description of the event including the menu.
(d) Location: The event location (area postcode - do not provide specific address on listing).
(e) Places available: The number of total places and places available at the event.
8.2. Service Fees do not include any fees that may be due to Third Party Service Providers (e.g. PayPal).
8.3. FeedUp Hosts must describe the event details fully and accurately and include all terms. Listed events may include text and appropriate images. You must have the legal right to use any content that You post. FeedUp may, in its sole discretion, remove any event listing for any reason.
8.4. If an FeedUp user, host or attendee wishes to complain about any comment made on the Platform, please email FeedUp using firstname.lastname@example.org
8.5. A FeedUp host has no obligation whatsoever to accept an offer on any listed event.
9.1. FeedUp is entitled to suspend or terminate your account at any time if FeedUp, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other FeedUp Users.
9.2. To continue to improve our FeedUp Platform, please let us know of any issue that you experience using the FeedUp Platform email@example.com
10.1. At all times while this agreement is in force and for 4 years after its expiration or termination the user agrees to the non competition terms of this agreement. The user agrees to not compete with FeedUp or any related business globally. Competition means owning or working for a business of the following type (online market place, website or application dedicated to the matching of persons who undertake and participate in dining events). The user agrees to pay liquidation damages in the amount of £1,500,000 for any violation of the covenant not to compete.
11. LIMITATION OF LIABILITY
11.1. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law FeedUp specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any events, goods or service supplied), arising out of or in any way connected with any transaction between hosts and attendees.
11.2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, FeedUp specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any events, goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider.
11.3. Except for liability in relation to a breach of any Non-excludable Condition, FeedUp's liability to any User of this service is limited to the total amount of fees paid by that User to FeedUp during the twelve month period prior to any incident causing liability of FeedUp.
11.4. FeedUp's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
12. DEFAULT IN TRANSACTIONS
12.1. If You, as a FeedUp host or attendee, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to FeedUp's rights under this Agreement (including any FeedUp's Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, You may be in breach of your obligations to both FeedUp and the host or attendee with whom You are transacting under a Task Contract.
From time to time a listing may be amplified by use of social media or other website. By creating a listing you are providing permission for FeedUp to use any content provided for this purpose.
15.1. FeedUp users, hosts and attendees are responsible for their own personal safety at all times. FeedUp recommends that users take appropriate safety precautions relevant to online marketplaces such as considering the safety of individual locations and events. Users, hosts and attendees should take appropriate action to mitigate any risks of personal safety including but not limited to ensuring events take place with multiple attendees and hosts (if applicable). If you consider your personal safety is at risk call the relevant emergency services.
16.1 FeedUp does not insure your event. You should take reasonable and necessary precautions to ensure that you are adequately protected. If you are not sure please contact your insurance company for advice and if you require additional cover we suggest you contact www.guardhog.com who specialise in host cover.
17.1 FeedUp provides a charitable donation of a meal for each event hosted on the FeedUp platform. FeedUp's chosen charity is OzHarvest www.ozharvest.org and will provide monetary donations on an aggregated basis to OzHarvest in order to provide meals for those in need. FeedUp reserves the right to amend it's policy on charitable donations.
18. COMMERCIAL LICENSE
18.1 Commercial usage for any established organisation, charity or in support of any entity will be required to attain a commercial license from FeedUp, which may incur a fee. The granting and pricing of a commercial license it at the sole discretion of FeedUp.