SporkNMeal
Terms & Conditions
By using, accessing and/or purchasing the Services, you agree to, and are bound by, the terms and conditions of this Agreement and to the collection and use of your information as set forth in the S&M Privacy Policy, whether or not you are a registered user of our Service.
S&M reserves the right to modify the terms and conditions of this Agreement, or its policies relating to the Services at any time, effective as of the date on which an updated version of this Agreement is published by S&M. You are responsible for regularly reviewing this Agreement. Continued use of the Services after any such changes shall constitute your consent to such changes, amendments, or modifications. If you do not agree to be bound by these Terms, or have at any time retract your agreement to these Terms, you must cease accessing and using the Services.
S&M is only a venue or platform used by the Users. The Services includes a communications platform for enabling the connection between individuals seeking to obtain food items or cooking services for the User’s premises typically residence (the “Residence”) and/or individuals seeking to provide cooking services (the “Service Provider”). S&M does not check the backgrounds of Service Providers, conduct reference checks or any other security checks whatsoever, except for a criminal records check. However, S&M makes no guarantees for the criminal records check accuracy using this third-party service provider. S&M does not make, guarantee or warrant any representations regarding the reliability, quality or suitability of such Service Providers. When interacting with Service Providers, you agree to take and accept all responsibilities related to the protection of your residence, your personal property, your personal safety, and the safety of those who reside at or has access to your Residence. You agree to take and exercise all reasonable and necessary precautions at all times when dealing with the Service Providers, as if the Service Providers are strangers with whom you are interacting with.
By using the Services, you agree to hold S&M, and its parent, subsidiary, and related corporations, and each of their officers, directors, servants, employees, and agents, free from an and all responsibility for any liability or damage that might arise out of your use of the Services, including without limitation, the Service Provider. S&M, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors), are not responsible for and not liable for conduct of any user of the Services, or the Service Providers, whether online or offline, or any claims or compensation for injury or damage arising in connection with your use of the Services. You agree that the Terms as set out in this Agreement will be the sole and exclusive remedies available to you at law and in equity.
Use of Our Services
Eligibility
You may use the Services only if you have the capacity to form a binding contract with S&M, provided that you agree with the Terms of this Agreement and agree to perform the obligations of this Agreement in full compliance with all applicable law, including without limitation, local, state, national, and international laws, rules and regulations. Any use of the Service by anyone under eighteen (18) is strictly prohibited and in violation of this Agreement. The Service is not available to any Users for whom this Agreement has been terminated by S&M, including those previously removed from the Service by S&M.
No Guarantees for Services
As part of our Services, you may order, and our Service Providers may provide, Services for your Residence. S&M will endeavour to ensure that the Services will be provided in a professional and satisfactory manner. Notwithstanding the foregoing, S&M does not guarantee that the Services will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards. You hereby acknowledge and agree that S&M’s total liability to you for any and all actions, causes of actions, claims, debts, demands and damages howsoever arising which you may have in relation to this Agreement (including, without limitation, damages to your Residence, personal property, and security of persons, that may be caused by S&M Service Provider) will be limited in accordance with the Limitation of Liability section in this Agreement.
User’s Obligations
The service provider is introduced to the user as a self-employed chef and the user shall retain the service provider under a “Contract for Services”, which for the avoidance of doubt shall be a separate contractual arrangement between the user and the service provider only. The user shall agree directly with the service provider the terms of that contract
The user shall agree with the service provider directly what services are to be performed by the service provider, and such services shall form the basis of the service provider obligations under the Contract for Services to be entered into. The user may change the scope and manner of the services contracted for under the terms of the Contract for Services at any time by reaching mutual agreement with the service provider.
The user shall provide a safe working environment for the service provider at all times
Electricity and hot water need to be available at the property in order for the service provider to complete the job. If this is not provided or available this will be taken as a late booking cancellation and Service Provider’s minimum service hours will be charged.
Since, S&M charges you at the completion of the job and if for any reason your service provider can’t do the job your payment method will not be charged.
The service provider needs to be able to gain entry to the property. If the service provider is unable to gain access to the property this will be taken as a late booking cancellation and Service Provider’s minimum service hours will be charged.
You will be asked to provide a suitable parking location during the booking process. If this parking spot is unavailable and the service provider has to park elsewhere, costs incurred by parking will be added onto your bill.
User’s Obligations to Protect Values
If you choose to make a reservation for the Services, then you must: (1) verify the location of your Residence while submitting a cooking request and you have the authority to make such reservations for your Residence; (2) ensure that an individual authorized by you will give the Service Provider access to your Residence; and (3) provide the Service Provider access and use of a safe clean kitchen and required supplies (pots, pans, working stove, raw materials). You accept responsibility for the security of and for removing access to valuables in your Residence (including without limitation placing values in locked areas) prior to the Service Provider giving access to your Residence. If you fail to comply with your obligations under this Agreement, S&M, at its sole discretion, may terminate, modify the provision of the Services to you. Under no circumstances will S&M be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
Prohibited Activities
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or nonautomated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” and similar technology, to access the Services in a manner that sends more request messages to the S&M servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmitting spam, chain letters, or other unsolicited email to or on behalf of S&M; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
Changes to Services
S&M is entitled to, without prior notice and its sole discretion, change the Services, stop providing the Services to you or to users generally, or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you breached any provision of this Agreement, or for no reason at all. Upon termination for any reason or no reason, you continue to be bound by your obligations as set out in this Agreement.
Service Providers
You agree to treat Service Providers courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and cooperation required to enable them to provide the services you have requested.
By registering to use S&M, you agree that all bookings between you and Service Providers will be made through S&M and that you will not engage or employ any Service Provider you have previously booked through S&M, or whose contact details you have received from us, to provide any Services other than through S&M.
If a Service Provider offers to provide Services to you other than through S&M, you must refuse such offer and notify us immediately. If you accept any such offer or if you make a similar offer to a Service Provider, we will immediately withdraw your right to use S&M (without any obligation to refund any fees already paid by you) and you will be required to compensate us in respect of any losses we suffer as a result up to a maximum of $600.
You also agree not to engage or employ any Service Provider you have previously booked through S&M, or whose contact details you have received from us, to provide any Services for a period of six months after the date of termination of the legal agreement between us.
Resolving Issue
If you would like to make a complaint or provide any feedback about one of our service providers or their Services, please contact us at feedback@sporknmeal.com as soon as possible. We’ll then contact the Professional and try to resolve any issues on your behalf.
Insurance
Since the Professionals work on an independent basis (self-employed individuals), we have no authority over them and, unfortunately, we are unable to intervene in case of non-compliance. It is up to the customer whether he/she would like to take further steps in order to assert the right to compensation from the Professional service provider.
Events outside our control
We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these terms of use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.
Other important terms
We may transfer our rights and obligations under these terms of use to another organization, but this will not affect your rights or our obligations under these terms of use.
You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These terms of use are not intended to confer rights on anyone other than you and us.
Applicable law
These terms of use, their subject matter and formation are governed by the Province of Ontario law. If you are a consumer, the courts of the Province of Ontario will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use. If you are a business, you and we each agree that the courts of Canada will have exclusive jurisdiction over any claim arising from, or related to, these terms of use.
Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
Paid Services
Pricing and Payment
When you first request the services of a Service Provider, you will be asked to provide us with valid credit or debit card payment details to pay for the services you request through S&M. We will store your card details with our payment processor for such purpose and you agree that we may undertake authorization checks on that card (including when you use S&M to request the services of a Service Provider).
The amount you will pay will comprise: (i) a fee due to the Service Provider, for a service this will be based on the duration of the visit(s) (i.e. the number of hours worked); and (ii) a marketplace fee due to us as stated on an invoice (which you can request through our mobile app (or part thereof) worked by the Service Provider and (iii) any additional extra services which you have selected during the booking process. We will issue you with a single receipt for the total amount paid by you in respect of each booking.
The amount billed will be in regards to the Total Hours between service provider who work at the job site, or the rate per hour.
A hold may be placed on your card 48 hours before the service, please ensure there are sufficient funds in the account. This is not a charge – it is just a test to check there are sufficient funds to complete the job. If there are not sufficient funds on the card we will notify you. You will need to provide a different card in order for the service provider to go ahead with the job. If you are unable or refuse, this will count as a cancellation within 48 hours of the job.
Payment will be taken on the day of the service (or later) after the service has finished. Regular services will be amended to reflect the amount of time spent at the property by the chef/service provider (minimum hours will be charged for any service).
If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgment) on the outstanding amount at the rate applicable to judgment debts under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) to arrange for any further bookings made by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, immediate, temporary or permanent withdrawal of your right to use S&M.
Booking process and cancellation
All cancellations require at least 48 hour notice.
You can cancel, amend or reschedule your booking at any time up to within 48 hours of the start time of the job.
If you wish to cancel or reschedule the booking within 48 hours of the start time you may be charged Service Provider’s minimum service hours or up to the entire value of the booking.
If you make a booking that is due to start within 48 hours, this policy still stands and you may be charged for any cancellations or rescheduling.
No Refunds
All payments are non-refundable.
Canceling or rescheduling an order or service is only allowed up to 48 hours prior of the service or order on hand date. You will be not be charged any amount.
Cancelling or rescheduling within 48 hours is not permitted.
Lock Outs
In the event that the Service Providers are not able to access your residence upon arrival and we or the Service Providers receive no indication from you that entry will be provided within fifteen (15) minutes of the Service Provider’s arrival, your appointment will be considered a “lockout.” Lockouts cannot be rescheduled and Service Provider’s minimum service hours will be charged.
Payment Information; Taxes
Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. If any, you will pay any applicable taxes relating to any such purchases, transactions, or other monetary transaction interactions.
Service Quality Claims
If you have service quality concerns regarding the services provided to you, you must notify S&M within 24 hours and also notify the chef/service provider. S&M does not have control over the quality of the product but will make note of the provider to avoid such future instances. If S&M does not receive any notification from you within 24 hours of the service appointment, you are irrevocably deemed to have accepted the Services and deemed the Services satisfactory in all respects.
Zero-Tolerance Clause
S&M has adopted a zero-tolerance policy in respect to abusive client behavior. S&M is committed to creating a safe environment for all contractors, employees, agents, etc. that are in the business of interacting with S&M clients. Clients who act inappropriately will not be tolerated and may be subject to having their service or services forfeited entirely (no refund), at S&M’s discretion. Examples of inappropriate behavior include, but are not limited to: verbally abusing a contractor/employee/agent, making or attempting to make inappropriate physical contact with a contractor/employee/agent, engaging in inappropriate behavior within your home to the extent that the contractor/employee/agent feels uncomfortable and forced to leave, engaging in abusive and aggressive written communication with a contractor/employee/agent, and any other general display of inappropriate, aggressive, or abusive behavior.
Privacy
Your privacy matters greatly to S&M. For important disclosures regarding our collection and use of your information, you should visit Our Privacy Policy. We encourage you to read the Privacy Policy and to use it to help make informed decisions regarding your use of our Services. By using our Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.
Security
The integrity and security of your personal information is important to S&M. S&M will comply with applicable law with respect to the collection, use and recording of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. You waive, release and discharge S&M of any and all actions, causes of actions, claims, debts, demands and damages howsoever arising which may arise as a result of unauthorized access, use, and use of your personal information, by third parties.
Chargebacks
Initiating a chargeback with your credit card issuing institution will result in a forfeiture of your services with S&M.
Third-Party Links
The Services may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by S&M. S&M does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and S&M’s Privacy Policy do not apply to your use of such sites. You expressly relieve S&M from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that S&M shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
Disclaimers, Limitation of Liability & Indemnifications
User’s Risk
To the maximum extent permitted by applicable law, S&M does not warrant, endorse, guarantee, or assume responsibility for the Services hereunder, including the Services performed by the Service Providers, or any losses or damages that may result therefrom. The Services, including cooking Services, are provided to you on an “as is” and “as available” basis. Your use of the Services is at your own risk. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
No Warranty
To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied and/or statutory warranties of merchantability, fitness for a particular purpose, workmanlike quality, non-infringement, or compliance with legal requirements. S&M does not guarantee that use of the Services will yield any specific results. Without limiting the foregoing, S&M, and its parent, subsidiary, and related corporations, and each of their officers, directors, servants, employees, and agents, do not warrant that the Services are accurate, reliable, or correct, or that the Services will meet your requirements, or that the Services will be available at any particular time or location, uninterrupted or secure.
General Limitation of Liability
To the maximum extent permitted by applicable law, S&M, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors) will not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services, including the cooking services performed by the Service Providers. Under no circumstances will S&M be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if S&M has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Without limiting the generality of Third-Party Links of this Agreement, and to the maximum extent permitted by applicable law, S&M assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content in the provision of the Services; (ii) personal injury or property damage, of any nature whatsoever, resulting from our Services, including Cooking Services performed by the Service Providers, including theft or any other illegal activities by the Service Providers; (iii) the acts or omissions of our employees, contractors, or representatives performing Services on our behalf; (iv) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (v) any delay in the services, including a delay of the Service Providers in performing services; (vi) the failure of the Service Providers to perform the Services; (vii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our online or mobile service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party or the Service Provider. Furthermore, the Services and the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. S&M is not responsible for any delays, delivery failures, or other damage resulting from such problems. In no event shall S&M, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to S&M for your last scheduled appointment or $100.00, whichever is greater.
Indemnification of S&M
You agree to defend, indemnify and hold harmless S&M, its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees on a solicitor-client basis) arising from: (i) your use of and access to the Services, including any cooking Services received by you and performed by the Service Providers; (ii) any alleged or actual loss or damage to property (including your residence), resulting from the performance of the Services hereunder (including the cooking Services), (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the service with your unique username, password or other appropriate security code.
Irrevocable Acceptance
By using, accessing and purchasing the Services from S&M, you irrevocably accept the disclaimers, limitations of liability, and indemnities set out in these Terms, except as may be prohibited by applicable law, if any.
Miscellaneous Terms
Choice of Law
You are responsible for compliance with all applicable laws. You may not use the Services if you are unable to do so in a manner that complies with the laws of Ontario, Canada, and any other applicable to you. This Agreement, the provision of the Services, and the relationship between you and S&M will be governed by the laws of the Province of Ontario, Canada, without giving effect to any choice of laws principles that would require the application of the laws of a different country, state or province. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it.
Arbitration
You agree that all disputes, claims, or issues arising out of, in connection with, or in relation to this Agreement, including without limitation, disputes related to the performance, breach, or alleged breach of this Agreement (the “Dispute”), will be resolved privately, confidentially, fully and finally pursuant to the provisions of the Commercial Arbitration Act of Ontario and the Rules of Procedure for Domestic Disputes of the Ontario International Commercial Arbitration Centre (“OICAC”). You agree that the Dispute will be resolved by one arbitrator (the “Arbitrator”) qualified by education and training to decide the Dispute, and will take place in Ontario. If the Parties cannot agree on the Arbitrator, the Arbitrator will be appointed by the OICAC. You waive your right to file, proceed, or otherwise resolve the Dispute by way of an action, hearing, application, or trial (by a judge or by a jury) in the courts of Ontario, or any other court having competent jurisdiction. You agree that the Arbitrator’s decision in respect of the Dispute will be final and binding on you and S&M.
Delays
Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
Agency
For the purposes of this Agreement, S&M has acted as agent for and on behalf of each of its parent, subsidiary, and related corporations (including and each of their officers, directors, servants, employees, agents, suppliers, contractors, or licensors) with respect to obtaining the foregoing indemnities and other covenants from the User for each of their benefits.
Severability
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire agreement between you and S&M with respect to the subject matter of this Agreement, and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and S&M with respect to the subject matter of this Agreement.
Enurement
The Terms of this Agreement shall enure to the benefit of and shall be binding up the User and S&M and each of their respective heirs, executors, administrators, personal representatives, and successors.