This document sets out the Terms and Conditions (“Terms”) on which you (“you” or “User” “foodlancer” “Chef”) may use lunch.pk (“lunch”) website, which permits you to cook, share, and sell Dishes (“Dishes”) through the lunch.pk’s Platform (“Platform”).
Please read these Terms carefully before committing to use the Platform or services offered on the lunch website.
You are advised to print and retain a copy of these Terms for your future reference.
These Terms may be subject to change from time to time, and accordingly you are advised to refer back to these Terms before registering on the Platform.
Part I contains general provisions which apply to all users of the Platform. Part II provisions will apply to you if you use the Platform as a “Chef.”
Part I: GENERAL PROVISIONS
A. About lunch.pk and the Platform
The Platform is owned and managed, operated and maintained by lunch.pk (“lunch”), a company registered in Pakistan having its registered address 4th-B Rd, Marridian mall plaza, 3rd floor, Rehmanabad, Rawalpindi, Pakistan.
1. The Platform is an online marketplace offering where food lovers (“Foodies”) who wish to find homemade Dishes can do so (“Orders”) from other Home cooks (“Foodlancers”) who wish to share their cooking skills and Dishes with Foodies. Foodies and Chefs can also create personal profiles (“Profiles”), communicate with other Chefs, rate their experiences and use such other Services available on the Platform from time to time.
2. lunch.pk is entitled at its own discretion to suspend the Platform for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Platform, including but not limited to preventing you from using the Platform or using any of the Services available on the Platform.
3. lunch.pk reserves the right to make any changes to the Platform including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
4. lunch.pk relies on third party providers (such as network providers, data centres, telecommunication providers, delivery companies, packaging company) to make the Platform, the content therein, and the Services available to you. Whilst lunch.pk takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that lunch.pk does not warrant that the Platform shall be uninterrupted or fault-free at all times. Therefore, lunch.pk shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and Platform as a result of lunch.pk’s service providers.
5. lunch.pk uses third party payment handlers to process your payment, as presented on the lunch.pk’s website.
a. The Payment Handler provides services for the issuing, use, and management of e-money. These services are offered on the Platform as a means of payment for lunch.pk. By signing up to lunch.pk, you agree to be bound by the Terms and Conditions of the Payment Handler.
b. The creation of a Chef’s account includes the creation of an “Account” as defined under the Terms and Conditions of Chefs. Acceptance of a lunch.pk order constitutes a “Transaction” as defined under the Terms and Conditions of Chefs.
6. lunch.pk may be contacted by post at address 3rd floor, Marridian Mall, 4th B road, Rehmanabad, Rawalpindi, Pakistan. or by email at firstname.lastname@example.org.
B. Preliminary Information
1. By registering your details with lunch.pk as a User, you warrant that:
a. You are legally capable of entering into binding contracts;
b. You are at least 18 years old; and
c. You are not in any way prohibited by the applicable law in the jurisdiction, which you are currently located to enter into these Terms for the use of the Services and sale and/or purchase of Dishes.
1. In order to use the Platform, you will need to complete the online registration form and set up an account (“Account”) as a Chef or foodlancer.
2. You hereby warrant that the information you provide to lunch.pk is true, accurate and correct. You further warrant that you shall promptly notify lunch.pk in the event of any changes to such information.
3. By registering your details and applying to set up an Account, you consent to lunch.pk’s conducting verification and security procedures in respect of the information provided by you online. lunch.pk reserves the right to examine your Account application, including your register details, profiles, and offered Dishes whenever it deems necessary, prior to, and after making a decision on your application.
5. You shall keep your registration details for the Platform (“Login Details”) confidential and secure.
6. lunch.pk reserves the right to accept or reject your application to register for any reason. lunch.pk also reserves the right to promptly disable your Login Details and suspend or terminate your access to the Platform for any or no reason. If there is no reason for the suspension or termination, then lunch.pk will reimburse you for the unused portion of the payment you have paid to lunch.pk, if any.
D. User Obligations
1. You agree that you are solely responsible and liable for all activities carried out by your use of the Platform.
2. You shall not submit to appear on the Platform through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether within your personal Profile, when rating or submitting a review in relation to another Foodie or Chef or elsewhere on the Platform that, in lunch.pk’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
a. Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. Harass or advocate harassment of another person;
c. Display pornographic or sexually explicit material;
d. Promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
e. Promote any illegal activities;
f. Provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
g. Promote or contain information that you know or believe to be inaccurate, false or misleading;
h. Engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of lunch.pk; or
i. Infringe any rights of any third party.
3. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Platform whether or not the submission of such User Submission is part of the Services. You agree that lunch.pk may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the Platform, and you hereby grant to lunch.pk a non-exclusive, perpetual, irrevocable, worldwide license to do so.
4. You warrant and represent that you own or are licensed to use any and all patents, trademarks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights (“Intellectual Property Rights”) in all User Submissions that you make to the Platform as part of your use of the Services.
5. You hereby grant to lunch.pk a non-exclusive, irrevocable license to make the User Submissions available to other Users of the Platform.
6. If you feel that any User Submission made by another User is objectionable, please contact lunch.pk using the contact details set out on the Platform. lunch.pk shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all.
7. You further agree that at all times, you shall:
a. Not use your Login Details with the intent of impersonating another person;
b. Not allow any other person to use your Login Details;
c. Not use the information presented on the Platform or provided to you by lunch.pk for any commercial purposes;
d. Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Platform or in respect of the network;
e. Not infringe any rights of any third parties;
f. Contact lunch.pk at email@example.com immediately if you consider any User Submission posted by another User to breach any of the Terms herein;
g. Comply with all instructions and policies from lunch.pk from time to time in respect of the use of the Platform, the Services and the Platform;
h. Co-operate with any reasonable security or other checks or requests for information made by lunch.pk from time to time; and
i. Use the information made available to you on the Platform and through the Services at your own risk.
8. In the event that you have a dispute with any other User (Chef or Foodie or otherwise) of the Platform, you hereby release lunch.pk from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
E. Exclusion of Warranties and lunch.pk’s Limitation of Liability
1. You acknowledge and agree that where the Platform includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by lunch.pk and to the maximum extent permitted by law, lunch.pk excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
2. lunch.pk uses reasonable effort to verify the contents of the lunch.pk website, with respect of any User Submission, Dishes, or other information made available through your use of the Platform and the Services. However, lunch.pk does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Dishes, the Services and/or the Platform. lunch.pk advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, the Services and/or the Platform, you do so at your own risk and liability.
3. To the maximum extent permitted by law, lunch.pk shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
a. Consequential, indirect or special losses;
b. Loss of profits, income or revenue;
c. Loss of savings or anticipated savings, interest or production;
d. Loss of business or business benefits;
e. Loss of contracts;
f. Loss of opportunity or expectations;
g. Loss of goodwill and/or reputation;
h. Loss of marketing and/or public relations time and/or opportunities;
i. Loss of data;
j. Loss of management or office time; or
k. Any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
4. Commentary and other materials posted on the Platform or provided by lunch.pk are not intended to amount to advice on which reliance should be placed. lunch.pk therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the Platform, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by lunch.pk shall remain solely with you.
5. lunch.pk does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users outside. lunch.pk therefore recommends you to take all safety precautions when, contacting, socializing and engaging in social gatherings or meetings, including without limitation with regard to the delivery of Dishes, and with other Users, outside of the Platform.
F. Intellectual Property Rights
1. lunch.pk and its licensors own all the intellectual property rights relating to the lunch.pk website, Services and Platform.
2. You are expressly prohibited from:
a. Reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Platform; and
b. Removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by lunch.pk or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of lunch.pk or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to lunch.pk.
3. Provided that lunch.pk is unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, lunch.pk shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or lunch.pk.
G. Privacy and Data Protection
H. Force Majeure
1. lunch.pk shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond lunch.pk’s reasonable control and includes in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action;
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. Impossibility of the use of public or private telecommunications networks; and
f. The acts, decrees, legislation, regulations or restrictions of any government.
3. lunch.pk’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and lunch.pk shall have an extension of time for performance for the duration of that period. lunch.pk will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
I. Complaints and Termination
1. If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by sending lunch.pk details of your complaint by using the “Contact Us” form available on the Platform. lunch.pk will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action, which it deems appropriate to resolve or rectify the subject matter of such complaints.
2. lunch.pk may suspend or terminate your use of the Services and/or Platform if:
a. Any of lunch.pk’s third party communication network providers cease to make their services available to lunch.pk for any reason;
b. lunch.pk believes you or someone using your login details has failed to comply with one or more of these Terms;
c. lunch.pk believes there has been fraudulent use, misuse or abuse of the Services;
d. lunch.pk believes you have provided any false, inaccurate or misleading information.
3. On termination, your access to the Platform shall cease and lunch.pk may delete your Profile.
1. If lunch.pk fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by lunch.pk of any default shall not constitute a waiver of any subsequent default.
3. No waiver by lunch.pk of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
4. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
5. lunch.pk reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
6. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
7. These Terms and any document expressly referred to in them represent the entire agreement between you and lunch.pk in respect of your use of the Platform and your purchase and use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and lunch.pk, whether oral or in writing.
8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Platform, the internet or in negotiation between you and lunch.pk except as expressly set out in these Terms.
9. lunch.pk may alter or amend our Terms by giving you reasonable notice. By continuing to use the Platform after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the Platform, you may do so by giving us not less than 7 (seven) day’s written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
10. These Terms are governed by and construed in accordance with Pakistani law. The Courts of Pakistan shall have exclusive jurisdiction over any disputes arising out of these Terms.
Part II: CHEFS – FOODLANCERS TERMS AND CONDITIONS
1. If you are a Chef and wish to use the Chef Services, you may do so in accordance with the Terms of this Part II.
1. Upon registration as a Chef and in consideration of your compliance with these Terms, lunch.pk will provide you with the Chef Services as described on the Platform and in this Part II below.
1. In addition to the registration requirements in Part I, you acknowledge and agree that registration as a Chef may include additional verification requirements.
1. By registering with the lunch.pk website and using the Platform, you agree to a binding Agreement that lunch.pk shall EXCLUSIVELY represent you in the business of online food sales and food preparation, use your image, any other photos you provide to lunch.pk, or lunch.pk otherwise requires for Public Relations and Advertising, for eighteen (18) months from the date of your registration. The Agreement includes allowing lunch.pk to take pictures of you, your food, and your kitchen to be published on the lunch.pk website.
2. At the end of the eighteen (18) months, the contract revolves for another exact period as stipulated at C.1. unless a thirty (30) days’ notice is given.
D. Chef Services
1. lunch.pk’s services include taking orders from Foodies (buyers of the Dishes), holding payments, arranging delivery of your Dishes to the Foodies and providing you with payment.
2. Subject to Part I, section A, paragraph 4 above, the Chef Services will comprise the following:
a. The facility to create a Profile page (including a photo), which can be accessed by the Foodies;
b. The facility to customize your Profile by adding information about your experiences, preferences;
c. The ability to advertise Dishes available for Order (including information relating to any specialty bespoke Dishes available);
d. The ability to set a purchase price (“Sale Price”) payable by the Foodie in respect of any Dishes;
e. Subject to fulfilling certain criteria, as indicated on the Platform from time to time, to attain the level of Expert Chefs;
f. Any other features and functionalities of the Chef Services provided by lunch.pk to you from time to time.
E. Chef Profiles
1. You warrant that you are the provider of the Dishes you have posted on your Profile.
2. You must ensure that your Profile contains the minimum information set out below:
a. Information as to your identity;
b. A description of the Dishes available, including the ingredients, allergens, other similar components used and the extent of any delivery services available;
c. The Sale Price of the Meal.
d. The high quality images of the Dishes.
1. lunch.pk takes Orders from Foodies for delivery which must be paid for by the Foodies in advance. The schedules for making Orders, packing, delivery and pick-up of Dishes, and interval times in between are specified in the lunch.pk website. You acknowledge and agree to comply with the schedules to ensure that all Dishes are delivered to and received by the Foodies as scheduled.
2. lunch.pk then notifies you (the Chef) with a binding message that you have to fulfill the order. Otherwise, the Chef(s) will pay for the service charge (17% of the Sale Price of the Dish).
3. lunch.pk uses third parties for the delivery of the Dishes.
4. Once lunch.pk receives confirmation that the Foodie has received the Dish(es), only then will the payment be released to the Chef(s).
G. Additional Obligations as a Chef
1. By choosing to be a Chef and to advertise and deliver your Dishes to Foodies through the Platform, further to the general obligations on you as a User under Part I of these Terms, you agree that all information submitted by you in a Chef Profile, preparation and supply and/or delivery of the Dishes, and any other information provided (including the recipes and ingredients relating to the Dishes) or comments made to Foodies or other Chefs through the Platform, must:
a. Be accurate, correct and up-to-date;
b. Be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate;
c. Comply with all national and local requirements for opening a food business, such as registering your premises with your local authority at least 28 days before opening.
d. Operate from the registered premises.
e. Not breach any applicable statutory or regulatory requirement, including following good hygiene practice in the preparation of any Dishes and, where applicable, food safety management procedures based on the standards set by your local authority & the government Food Standards authority from time to time;
f. Not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations; and
g. Not be obscene, defamatory or be in the reasonable view of lunch.pk deemed to be offensive and/or inappropriate.
2. In using the Chef Services, you must:
a. At all times keep all information including without limitation, communication and correspondences between you and the Foodies, and all information relating to the Order process secure and confidential;
b. Whenever required by lunch.pk and whenever applicable, use the sticker with the lunch.pk trademark, which will be provided by lunch.pk to you, in packing and delivering the Dishes.
c. Ensure your use of the Chef Services is personal to you;
d. Immediately notify lunch.pk in the event you have any reason to believe or suspect that a Chef or Foodie has breached any of its Terms.
3. You further acknowledge that you are solely responsible for providing accurate photos, packaging, sealing, and attaching the ingredient list, allergens, instruction leaflet, expiration date, and other relevant information to the Dishes before hand off for delivery.
4. In case you fail to comply or fall short of performing these obligations, you acknowledge and agree to hold lunch.pk free from any liability whatsoever for any untoward incident that may arise or injure User(s) or Foodie(s) because of such failure. You further acknowledge and agree to indemnify lunch.pk for all losses, damage, besmirched reputation, and any injury whatsoever that it will suffer because of such failure.
5. Upon giving the Dishes to the delivery person, the responsibility of exercising due care for the delivery of the Dishes is transferred to the third party delivery company.
6. You further acknowledge and agree that lunch.pk may, at its sole discretion, immediately remove your Profile from the Platform where it reasonably considers that such Profile, any information you have uploaded or Dishes provided, no longer meets the standards that lunch.pk requires of its Chefs on the Platform, at its absolute discretion and upon written notice to you.
7. lunch.pk reserves the right, if lunch.pk suspects that you are in violation of any national or local food or health law, to file a complaint with local authorities and government food regulation authorities. This may result in an inspection in accordance with the local authority food law enforcement standards you adhered to when registering the premises. The inspectors may come without notice and will examine your premises, the kinds of food you make or prepare how you work, and your food safety management system.
8. During the term of this Agreement and for 12 months after termination of this Agreement, you will not, without the prior written consent of lunch.pk, either directly or indirectly, on your own behalf or in the service or on behalf of others, bypass lunch.pk and its Platform to solicit or attempt to solicit, divert or hire away:
a. Any employee or consultant of lunch.pk to terminate their relationship with lunch.pk;
b. Any Foodie, person or entity whose Account is serviced by lunch.pk;
c. Any Foodie, person or entity lunch.pk has targeted and contacted prior to the termination of your contract with lunch.pk for the purpose of establishing a customer relationship.
9. You agree and acknowledge that the non-solicitation obligation described in the previous paragraph is essential to the protection of lunch.pk’s business. If and when you breach this obligation, you agree to indemnify lunch.pk for the amount of losses it will suffer because of such bypass and solicitation.
H. Charges and Payments
1. The lunch.pk payment system retains the entire payment for the Dishes. When lunch.pk receives confirmation that the Foodie has received the Dish(es), only then will the payment be released to the Chef(s).
2. All payments from Foodies made through the Platform shall be made via the Payment Handler to lunch.pk, who will remit to you:
a. The monies received from the Foodies in respect of the Order (“Sale Price”);
b. Less any fees charged by the Payment Handler; and
c. Less our commission (10-20% of total Sale Price of the Dishes) at the rate notified to you during the registration process (“Commission”),
d. Less the amount of the delivery charges,
e. Within thirty (30) days of receipt of the applicable payment by lunch.pk from the Payment Handler.
3. You shall also pay all other fees and charges notified to you during the Chef registration process (“Fees”). The Fees shall be due and payable in accordance with the payment Terms notified to you during registration. The Fees are exclusive of tax, which shall, where applicable, be paid in addition.
4. lunch.pk is also responsible for ensuring that a secure payment system is in place, but the Payment Handler is responsible for the security and management of the transaction as stated in its own Terms and Conditions.
5. No refunds. Dishes are to be paid for upon placement of the order by the foodie. No cancellations and refund are possible once the order has been placed.
6. We may change the Commission and/or Fees at any time on the provision of notice to you in writing, by email or through your use of the Platform. Your continued use of the Platform following notice of such change shall be deemed to be your acceptance of the new Commission and/or Fees. If you do not agree with the changes to the Commission and/or Fees, you may terminate your agreement with us by notice in writing or by email.
I. Additional Exclusion of Warranties
1. You acknowledge and agree that lunch.pk only provides you with the facility to post and supply Dishes to Foodies by providing you with the Chef Services. lunch.pk does not warrant, represent or guarantee that you will find any Foodies to deliver Dishes to or achieve any specific results whatsoever.
2. You acknowledge and agree that using the Platform may require your registration as a business and a food production facility, requiring hygiene and safety standards in accordance with local laws. lunch.pk may offer to provide related information and assistance. However, you acknowledge that this is intended as information only and does not constitute advice of any nature. Therefore, it must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action. Your use and reliance on any information on the Platform shall be at your own risk and we shall not be liable whatsoever for any damages and loss, which you may incur as a result of or in connection with your use and reliance of such information. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. lunch.pk shall not be liable to you for any failure by you to comply with any relevant laws and regulations that may apply to you in the use of the Platform through the Platform.
3. You further agree that lunch.pk does not vet or verify the identity of the Foodies posted on the Platform. Consequently, lunch.pk does not warrant or guarantee:
a. The currentness, completeness, correctness and accuracy of any Foodies’ Profile;
b. That any Orders made by Foodies are genuine;
c. The identity of the Foodies using the Platform.
4. You further acknowledge that lunch.pk has no control of and therefore has no liability whatsoever in respect of the behavior, response and quality of the Foodies on the Platform.
5. You further acknowledge that lunch.pk is NOT responsible for the accuracy and timeliness of the representation of your Dishes, including their reviews, ingredients, allergens as received from you and as shown in the lunch.pk website.
6. lunch.pk provides the Chef Services solely to connect you, the Chefs, with Foodies who may be seeking to Order Dishes from you. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, Foodies (including but not limited to the Terms upon which you create and deliver Dishes to Foodies). You, the Chefs, hereby indemnify lunch.pk in full and on demand against all losses, damages, costs, claims and expenses that lunch.pk incurs (including but not limited to such losses and damages incurred by lunch.pk in respect of sickness, disease or death of any Foodie arising out of or in connection with your acts or omissions in the use of the Platform) arising out of or in connection with any of your dealings with, or Dishes provided to, Foodies.