TERMS & CONDITIONS

T&Cs were last updated on 16th February 2021

 

Welcome to the FamCook website terms and conditions for use (“Terms”). These Terms apply to the use of this Website and by accessing this Website and/or making a Booking for Services you agree to be bound by the Terms set out below and forms a contract between us and you. If you do not agree to be bound by these Terms please do not use our Website.

Before you place a Booking with us, and if you have any questions relating to these Terms please contact our support team by email at contact@famcook.com

 

BACKGROUND

FamCook operates a website which offers a Service where the Customer books a cook/chef who visits the Customer’s home and cooks a meal using a well known UK’s Recipe Box provided by the Customer The Customer pays the FamCook a pre-arranged price for bookings on demand or pays a monthly subscription to FamCook and set fee to Cook for providing the Service. FamCook doesn't provide recipe boxes. FamCook pairs families with local self-employed cooks for preparing ‘recipe-box’ meals.

 

YOUR INFORMATION

To access this website and use some of the resources it offers, we may ask you to provide details or information to be able to register for our services or buy our products. It is a condition of use that all the information you give us is accurate and true and current. You acknowledge and agree that any information you give us to register is regulated by our Privacy Policy. You also agree to all actions we take concerning your information according to that Privacy Policy. Please read our Privacy Policy for more information on your personal data.

Cookies

Our website uses cookies; by using our website or agreeing to these Terms and Conditions, you consent to our use of cookies following the terms of our Privacy and Cookie Policy.

 

 

DEFINITIONS

“Booking” means a booking for Services made by You on our Website

“Services” means the services bought by you from us for providing a cook to prepare  meals at your home for either on demand service/one off or a regular subscription and fee;

“On Demand Service” means when you book a cook on demand without committing to monthly subscription;

“Cooking Services” This is the Service provided by the Cook/Chef of cooking your meal at your home;

“Visit” means the place and arranged time and duration the Cook cooks the meal for the Customer usually the Customers’ home;

“Cook” or “Chef” means a cook who visits your home to cook your meal as part of the Service we provide through our Website;

“Customer/User/You” and “Your” refers to site Visitors, Customers, and any other users of the site;

“Standing Order” means a regular payment arrangement with your bank where they are instructed by you to pay a regular fixed subscription amount into our account on a set day.

“Subscription Payment Day” means the day payment is due to for your month’s subscription or the date your standing order pays your subscription amount into our account;

“Term” means the duration of this agreement for Services;

“FamCook/We/Us” or “Our” means Famcook Ltd, 7 Bell Yard, London, WC2A 2JR with Company Registration Number 13035231 who owns and operates the website providing Services to Customers;

“Website” means the website located at https://www.famcook.com or any subsequent URL which may replace it;

 

 

 

1) TERM

1.1 The term of this agreement for providing Cook Services for you is for one month which automatically renews at the end of the term for a further one month and continues to renew indefinitely until you or we terminate this agreement.

1.2 This agreement may be terminated by either party by giving one months’ notice in writing to the other party. 

 

2) USE OF THE WEBSITE

2.1 Access

You are provided with access to this Website in accordance with these Terms and any Booking made by you must be placed strictly in accordance with these Terms.

2.2 Registration

By registering as a user or subscriber of our Website, you warrant that:

(a) the personal information which you provide when you register as a user and/or make a Booking is true, accurate, current and complete in all respects; and

(b) you will notify us immediately of any changes to this personal information by contacting our customer service representatives by email at contact@famcook.com

2.3 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

2.4 Our rights

We reserve the right to:

(a) modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

(b) change these Terms from time to time as explained below. If you do not agree to such amended terms, you must stop using the Website. If you continue to use the Website you will be deemed to have accepted the amended terms.

 

3) THE AFFORDABLE COOK SERVICES PLATFORM

3.1 We act as a booking agency for self-employed Cooks/Chefs in your area. Our contract with you is limited to providing this service offered through this Website.

3.2 Your Cook is responsible for providing the cooking Services to you and you have a direct contract between you and the Cook concerning the provision of Services. This contract does not include us. You and Cooks are responsible for any taxes arising as a result of the Services.

3.3 We review applications, conduct interviews and undertake other checks of Cooks, with some of this process reliant on information from or undertaken by third parties. You acknowledge that we do not and cannot guarantee the accurateness or completeness of such checks, whether conducted by us or by third parties.

3.4 You acknowledge that you use Cooks at your own risk. You agree to provide a safe working environment for Cooks and to take appropriate precautions to supervise your Cooks.

 

4) BOOKING SERVICES

4.1 By placing a booking through our Website, you warrant that you are: legally capable of entering into binding contracts, and at least 18 years old.

4.2 All Bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email or WhatsApp message of the selected Cook to confirm the Booking (the “Visit Confirmation”). The contracts between us and you and between you and the Cook will only be formed when we send you the Visit Confirmation and also when you commit your monthly subscription by setting up a standing order with your bank or make the payment for ‘on demand’ service.

4.3 You acknowledge and agree that it is a condition that you will not without our knowledge and prior written consent arrange your own agreement with any cook we have sent to you or any cook who works for our company which circumvents our agreement as an agent and as a result deprives us of our pecuniary rights under this contract or our agreement with each cook.

4.4 Breach of this condition means that we will immediately terminate this agreement and that you will pay us compensation for any amounts due to us or still owed to us up to the Termination Date of this agreement. 

4.5 You also agree to pay us compensation or consequential damages for loss of earnings on our part for a period of six months after the originally agreed Termination Date which will amount to 6 monthly standing order payments.

 

4.6 You agree that in the course of normal business operations prices may change and that you agree that your monthly subscription may need to be updated from time to time to reflect these changes and that the price of your first standing order or subscription payment is not necessarily a fixed price for each month and may change when the Term is renewed.

 

 

5) PRICE AND PAYMENT

5.1 The price of any Services will be as quoted on our Website, except in cases of obvious error.

5.1.1 We have the right to change the amount of the fee by giving seven days notice in writing to you and the Cook.

5.2 You agree that you will follow the instructions set out on our Website regarding payments and that they form part of this agreement and that by placing a booking you agree to pay for the Services you have ordered.

5.3 All payments to FamCook for our services must be paid 24h before the Visit time is being booked or Standing Order as fixed regular payments into our account. If prices on our Website Change you must instruct your bank to alter your Standing order accordingly.

5.4 Prices are liable to change at any time, but changes will not affect bookings in respect of which we have already sent you a Visit Confirmation.

5.5 Every effort has been made on this Website to ensure that making a Booking is secure and simple. We cannot be responsible for the fraudulent use of our Website or of the loss of a payment card.

5.6 You agree to maintain a valid standing order for your monthly subscription. You must inform us immediately if your payment card details are no longer valid or you would like to discontinue or postpone your subscription. You must also, make sure when you make a booking ‘on demand’ you make payments 24h before the Visit is booked. You agree that you must make this payment as soon as you can taking to account the 24h time period and if your payment is late we’ll therefore have to cancel your booking. Payment “next time” or at a later date is not acceptable and may result in the withdrawal of our Service.

5.7 You authorise us to obtain pre-authorisation of your payment card. You also authorise us to charge your payment card in full on Subscription Payment Day or for ‘On Demand Service’.

5.8 We may charge a £10 administration fee and interest for any late payment or amount due by you as unpaid after the Subscription Payment Day.

5.9 A promotional code, credit, gift card or voucher may only be used by new clients for their first booking. Offers can only be redeemed once per household. Offers can only be redeemed once per customer. Offers can only be redeemed against meal cooking services (no add-on services), unless otherwise stated. Offers can only be redeemed against regular weekly meal preparations. Offers relating to a "First Booking" can be redeemed for a maximum of 3 hours. Other terms and conditions apply, including expiry. Please contact contact@famcook.com for further details.

5.10 Famcook Ltd operates a referral scheme that is open to selected users and is accessible from your account. You can share your referral code or link with people you know, who do not live at the same address as you and who you think would benefit from the FamCook service. If a new user uses your referral code, you and your referred user may be eligible for referral benefits. Referral codes and links must only be used for personal, non-commercial purposes. For example, you may share your referral code or link on your personal social media accounts, but you agree that you will not share them on websites where you are not the account owner, including (but not limited to) Facebook business accounts or groups, Wikipedia, Google Reviews, coupon websites, and nor will you promote your referral code or link via advertising platforms including (but not limited to) Google Ads and Bing. We reserve the right to withdraw and deactivate your referral code, link and referral benefits at any time and will not be responsible for any losses you suffer if we withdraw and deactivate your referral code, link or referral benefits.

5.11 FamCook may at its sole discretion offer its own discounts and promotional offers (“FamCook promotional offers”) to potential and existing Customers to promote FamCook’s business as an agent.  These offers will not reduce the payment received by the cook and may therefore mean that FamCook subsidises payments due to the cook in some circumstances. You acknowledge and agree that any payment made by you as part of a FamCook’s promotional offer up to the amount of payment that would normally be due to the cook at the agreed rates will be the full amount due to the Cook. 

 

6) BOOKING OR VISIT CANCELLATION BY US

6.1 If you violate any of these Terms, your permission to use the Services and Website will automatically terminate.

6.2 We reserve the right to cancel any Booking without notice or cause.

 

7) BOOKING OR VISIT CANCELLATIONS BY YOU

7.1 Subscribers. You may cancel or reschedule a Booking 24h before the Visit time free of charge by informing your Cook directly as well as contacting FamCook using email contact@famcook.com or WhatsApp 074 2959 3276

7.2 If your Cook or FamCook haven't confirmed your booking cancelation 24h before the Visit time due to unforeseen circumstances and if your Cook arrives for preparing your meal and is unable to gain entry or start the cooking for any other reason such as your recipe box delivery is late, for example, you will be charged the full price by the Cook. 

7.3 You will not pay Cook for the service if you cancel reschedule agreed Visit before 16:00hrs on the previous day of the Visit.

7.4 ‘On demand’ service users. You may cancel or reschedule your Booking before making the payment. Once the payment for the service is made you will not be able to cancel or reschedule your booking. Payment for ‘on demand’ service must be paid 24h prior a Visit.

 

8) INSURANCE

8.1 We have a £1m public liability insurance policy underwritten by a leading insurer. There are excesses of at least £250, depending on the specific type of claim, which will be at your cost.

8.2 This policy is only able to cover extreme circumstances, for example, serious injury to the Cook or severe damage to property such as fire.

 

9) THIRD PARTY LINKS

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

 

10) TERMINATION

10.1 Subject to Clause 6.1 either party may terminate this contract by giving one month’s notice to the other party in writing.

10.2 Either Party may terminate this agreement at any time by mutual consent which must be in writing.

 

11) LIABILITY

11.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Services you purchased in the previous six months.

11.2 This limitation does not include or limit in any way our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.3 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited: to loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.

11.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your Booking and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

 

12) EVENTS OUTSIDE OUR CONTROL

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock outs or other industrial action; civil commotion; riot; invasion; terrorist attack or threat of terrorist attack; war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; acts, decrees, legislation, regulations or restrictions of any government.

12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

GENERAL

13) Intellectual property and right to use

13.1. Unless otherwise stated, the copyright and other intellectual property rights in the content on the Website are owned by us or our licensors. Any access or use of the Website for any reason other than your personal, non-commercial use is prohibited.

13.2 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or Website without our prior written permission.

13.3 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

13.4 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

13.5 If you publish any content on our Website, such as reviews, comments, ratings, profiles or listings, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adept or display such Content on our Website.

 

14) Compliance with laws

14.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website, Services and any transactions conducted on or through the Website.

14.2 You agree to be financially responsible for all purchases or our Services made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase Services through the Website for legitimate, non-commercial purposes only. You shall not post or transmit any material which violates or infringes the rights of others through our Site. Or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.

 

15) Written Communications

15.1 Applicable laws and clauses in this agreement require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15.2 Notices

All notices given by you to us must be given to Famcook Limited using this email address contact@famcook.com. We may give notice to you at either the email or postal address you provide to us when making a Booking, or as specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

 

16) Transfer of rights and obligations

16.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

17) Severance

If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms.

 

18) Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

19) Entire Agreement

These Terms and any document expressly referred to in them constitute the entire agreement between us concerning the subject matter of any contract and supersedes any previous communications or agreements between us.

 

20) Our Right to Vary these Terms

We have the right to revise and amend these Terms from time to time. You will be subject to the Policies and Terms in force at the time that you book Services from us. Please regularly check on our Website for new versions.

 

21) Dispute Resolution

Any dispute relating to this Agreement, which cannot be resolved by negotiation between the parties within 14 days of either party giving notice to the other party that a dispute has arisen, can be submitted to mediation by a mediator mutually chosen by the Parties and that the mediation or negotiation may be conducted online in English using an accredited mediation service. Failing settlement of that dispute within 14 days, the dispute shall be submitted by any party for a final decision to an English court which will have exclusive jurisdiction.

 

22) Jurisdiction and Governing Law

These Terms and the Contracts shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. Any dispute or claim arising out of or in connection with the Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales and conducted in English language.

 

23) Contact Information

We can be contacted by email at contact@famcook.com

Our Company

FamCook is a company that helps match busy families like yours to local self-employed cooks who then prepare your ‘recipe box’ meals. Through Famcook, you simply book a vetted, hygiene certified, fully trained, insured cook for a very affordable price.
We provide truly outstanding and continuous customer service.

Head Office

7 Bell Yard 

London

WC2A 2JR

WhatsApp +44 74295 93276

contact@famcook.com

Operating Hours

Mon - Fri: 8am - 8pm
​​Saturday: 9am - 7pm
​Sunday: 9am - 8pm

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© 2021 by FamCook. All Rights Reserved.