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Privacy Policy

These terms and conditions (hereinafter, the “General Terms”) apply to the website of dished.co and to its related mobile application. By using the site, you agree to these terms and conditions. If you do not agree, please refrain from using it.

Dished App hereby makes available to users (hereinafter, the “User” or “Users”) the website and mobile application (hereinafter, jointly, the “Marketplace”). In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:

1. OBJECT

Dished App is a technology company whose main activity is the development and management of a technology Marketplace through which chefs can offer their products by means of a web or mobile application (hereinafter, the “APP”). Dished App thus has a Marketplace through which chefs, with which Dished App can have in place a commercial agreement for the use of the Marketplace (i.e. acceptance of the General Terms), offer a selection of products. Customers can request the purchase of products from chefs by means of a mandate given by them to a third party when placing an order through the Marketplace. In such cases, Dished App acts as a mere intermediary and is therefore unable to assume, and does not assume any responsibility for the quality of the products offered directly by the chefs or by such third parties. 

Throughout these General Terms, Customers will be referred to as “Users”.

2. TERMS

By accessing the Marketplace and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms. 

3. ACCESS AND REGISTRATION FOR CUSTOMERS

In order to be a Customer of the Marketplace, it is essential that you meet the following requirements:

  • You must be at least 18 years of age.
  • You must truthfully complete the mandatory fields of the registration form requesting personal details such as, for example, the user name, e-mail address, telephone number and registration address.
  • You must agree to these Terms and Conditions.
  • You must be fully compliant with relevant and applicable local food laws and regulations. If required by law, you must have appropriate active permissions and licenses to cook and sell your meals.

The User warrants that all the information regarding his/her identity and capacity provided to Dished App in the registration forms for its Marketplace is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.

If a User provides any false, inaccurate or incomplete information or if Dished App considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Dished App may deny the User’s current or future access to, and use of, the Marketplace or any of its contents and/or services.

When registering on the Marketplace, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details that may be made by third parties, including for statements made on the Marketplace or any other action carried out under their username and/or password.

Dished App cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users must immediately inform Dished App, using the Contact Form, if their username or password is stolen, disclosed or lost. 

3.1 Profile

In order to complete their registration on the Marketplace, Users must provide certain details, such as username, e-mail address, telephone number, etc. Once they have completed the registration process, all Users can access their profile and complete or edit it, and/or deregister, as they deem appropriate.

3.2. Credit Card Theft or Removal

Since Dished App cannot guarantee the identity of registered Users, Users are under an obligation to inform Dished App if they have evidence that the credit card associated with their Dished App profile has been stolen and/or is being fraudulently used by a third party. Therefore, since Dished App and its payment provider are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform Dished App of the missing card, Dished App will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account.

4. OPERATION OF THE SERVICE

Basically, a User who is registered as a Customer, wants to purchase the interested products, heshe needs to go to the online Marketplace or the relevant Dished App application and choose the chef who will prepare and sell the desired products. The delivery of those products can be performed by the User itself or with the help of the specialized third parties.

Customers are solely responsible for providing the correct addresses for delivery and collection on the Marketplace, and they therefore release Dished App and/or the third party delivery entities such as PostMates from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost resulting from the provision of an incorrect address for collection and delivery on the Marketplace.

If the product and/or service is not available, the Chef must call the Customer to set out the available options. If the Customer does not accept any of the options set out by the Chef and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these General Terms and Conditions. If the Customer does not answer the phone, the Chef shall wait 10-15 minutes before cancelling the order.

If the Customer is not at the place agreed for delivery, the courier shall retain the product for 2 hours, or for 30 minutes in the case of perishable products. In addition, the Customer must bear 100% of the cost of the basic courier service. The Courier in no event will be liable for the deterioration or expiry of the product to which the assignment related.

If the object of the assignment was the mere delivery of a product, the Courier shall deliver it to the Customer at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the Customer at the e-mail address associated with his/her account.

5. PRODUCT RETURNS

If a Customer wishes to return a product or make a claim about the provision of a product, he/she must contact the Chef at which the purchase was made directly, with the receipt provided at the time of delivery of the order. If the Chef gives the Customer a refund for the purchase price, the Chef will decide how to make the refund. 

The Customer must check the products delivered by the Courier at the delivery address before signing and ratifying the mandate. By means of the said signature, the Customer confirms and ratifies the mandate, the order made through our platform. In addition, the Customer states that a third party may ratify the mandate on his/her behalf, for example if the Customer is not at the final delivery address or has designated a third party for collection and signature. The Customer (and/or the said third party) is thus responsible for checking that the products provided are adequate as well as, where applicable, for collecting enough evidence to prove that they were not.

6. PRICES OF THE SERVICES AND BILLING

Registration and use of the Marketplace is completely free for Customers. The use of the Marketplace by Chefs will have a fee from anything they will sell at the Marketplace. The Customer only has to pay for each product requested through the Marketplace. In addition, for services that include the delivery of a product, the User must pay the price of such delivery. By registering through the Marketplace and providing the required bank information to the payment provider, Users expressly authorize Dished App to issue receipts for payment of the services requested, including the price of the products ordered. 

In accordance with these terms, the Customer will be entitled to know the approximate fee for the service before contracting it and formalizing payment, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Dished App’s control that entail an increase in such fee. Dished App reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorizes Dished App to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the Marketplace before placing the order.

If a Courier has already been assigned to provide a service and this is subsequently cancelled by the user, Dished App shall be entitled to charge the Customer the fee for the services already embarked on by the Courier.

6.1 Payment Marketplace

Dished App, through its payment service provider, and as the unique objective to check the payment method communicated by the user and as antifraud measure, reserves its right to make a preauthorization of charge for the products ordered through the Marketplace. The preauthorization will not mean, in any case, the payment for the total amount of the order, as the payment will only take place after the approval of the order by the User, by accepting it, or by the causes described in the present terms and conditions.

Dished App, in order to fully support the user, acts as the first point of contact for the user and takes responsibility for all payments made via our Marketplace. This responsibility includes refunds, chargebacks and cancellations and dispute the resolution, at an initial point, without prejudice of Dished App’s actions.

In the event that a dispute is raised, Dished App will offer the first line of support and will refund the User if deemed appropriate.

If you have any problems with your order, you can contact our customer care team by the means made at your disposal through the Marketplace.

7. PRICE OF THE PRODUCTS APPEARING ON THE MARKETPLACE

All the prices stated on the Marketplace are inclusive of any taxes that may be applicable based on the location from which the User operates. The User assumes that, in any case, the price of some products may change in real time based on the Chef that offers them and on the available stock. For any information about the order made the User shall contact Dished App, including in the subject of the message the number assigned by the Dished App Marketplace. 

8. Promotional Codes

Promotional codes must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the user will be unable to enjoy their benefits. 

Whenever a cancellation is requested by Dished App in accordance with Section 9 below, the Customer shall ensure that the promotional code is valid for future use. When the cancellation is at the User’s request, Section 9 below will apply.

Dished App reserves the right to cancel the promotional codes offered if it becomes aware of a fraudulent use thereof (such as a person exchanging a promotion code when he or she is not its lawful recipient, the mass transfer of codes, etc.). In addition, it reserves the right to apply sanctions to users for the amount defrauded to the Company.

9. RIGHT OF WITHDRAWAL AND CANCELLATION OF ORDERS

In accordance with the nature of the service offered by Dished App, the User is aware that, once a Chef has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User is therefore no longer entitled to withdraw from the service request free of charge. 

Therefore, if the User cancels an order that has already been assigned to a Chef, the Marketplace will generate a cancellation fee to be paid by the User.

In addition, if the Courier had already delivered the product ordered, the user may ask the Courier to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service.

If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery.

Dished App reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at Dished App’s instance, the User shall be entitled to a refund of the amount paid.

10. SPECIAL TERMS OF THE PURCHASE SERVICE ORDERED THROUGH DISHED APP

Using a drop-down menu within the Marketplace, the Customer can choose from among a number of options pre-set by the Chefs setting out the characteristics and price of the product and, sometimes, a photograph thereof.

Once the Customer has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Chef.

The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Marketplace, are provided based on the information and documents supplied by the Chefs, and that Dished App is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.

Furthermore, the Customer accepts that all the products appearing on the Dished App Marketplace are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product is found not to be available. In addition, the price of the product is subject to slight variations due to modifications at the point of sale. Dished App reserves the right to proceed with the purchase in the case of price variations.

Dished App reserves the right to withdraw any product from its Marketplace, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.

10.1. Price and Payment Method

The price of the product shall be as stated by the Chef on the Marketplace. However, the Customer assumes that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the Marketplace, and that the Customer will in any event always be told the final cost before payment.

Any change or variation shall therefore be reported by the Chef before carrying out the mandate for the Customer’s approval. If the Customer wishes to include any indications regarding the order, he/she will always be able to contact the Chef who is carrying out the mandate given.

When making the order, the Customer will be informed of the various payment options available. In order to pay with a credit card, the Customer must provide the card details through the Marketplace as a payment method associated with his/her account. Dished App does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on Dished App’s behalf. Customers paying by credit card will incur no additional charges for choosing this payment method.

If payment for the service can for any reason not be taken from the customer, the latter shall be blocked from using the Marketplace again until he/she has settled the debt.

11. GEO-LOCATION

Dished App may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, if this is authorized by the User. The said location data may be collected and used by Dished App to show Users the location of the point of origin and/or destination of an order. In this regard, Users expressly consent to their geo-location data being shared with other Users and Chefs in order to successfully carry out the order requested at any given time. Users may choose to disable Geo-location on their devices as provided in the Privacy Policy. 

The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, Dished App will accept no liability for errors or omissions in the provision of such addresses by the User.

12. THE USER’S OBLIGATIONS

Users are fully responsible for the proper use of, and access to, their profile and other Marketplace contents in accordance with the current legislation as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms and Conditions. 

Users shall refrain from using their profile and other Marketplace contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Marketplace and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Marketplace.

Dished App may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Marketplace, whose consequences shall be the sole responsibility of their issuers.

Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Dished App will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

In general, Users undertake, by way of example without limitation:

  • To refrain from altering or modifying the Marketplace, in full of in part, by bypassing, disabling or in any other way tampering with, its functions or services;
  • To refrain from infringing industrial and intellectual property rights or the rules on personal data protection;
  • To refrain from using the Marketplace to insult, defame, intimidate or harass other Users or attacking their image;
  • To refrain from accessing other Users’ e-mail accounts;
  • To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Dished App’s or third parties’ contents or systems;
  • To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
  • To refrain from advertising goods or services without Dished App’s prior consent.

Any User may report another User if he/she believes that the latter is in breach of these General Terms and Conditions. Similarly, any User may inform Dished App of any abuse or infringement of these terms. Dished App will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Marketplace for breach of these General Terms and Conditions. Furthermore, Dished App reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

13. DEREGISTRATION BY USERS

Users may deregister from the Marketplace by sending an e-mail to us.  

 

14. DISHED APP’S RESPONSIBILITY

Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Marketplace. Users can report any incidents or problems accessing the Marketplace to Dished App by means of the text or contact form, and Dished App will analyze the incident and instruct the User on how to resolve it as quickly as possible. 

Dished App does not control, and is not responsible for, the contents uploaded by Users through the Marketplace, and Users are solely responsible for the lawfulness of such contents.

Dished App will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.

Dished App accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

The presence of a virus in the User’s computer system or mobile handset used to connect to the Marketplace’s contents and services.

15. RESPONSIBILITY FOR CONTENT

Dished App does not control (and is under no obligation to control) how Users use the Marketplace. It therefore does not guarantee that Users use the Marketplace in accordance with these General Terms and Conditions or in a diligent and/or prudent manner. Dished App does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them. 

Dished App rejects any liability for damages of any kind that may arise from Users’ illegal use of the Marketplace or due to the information supplied by Users to other Users about themselves being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a User impersonating a third party in any kind of communication made through the Marketplace. In particular, Dished App accepts no responsibility for the use of the application or for any orders that may be made by a third party from the User’s account.

Notwithstanding the foregoing, Dished App reserves the right to fully or partly restrict certain Users’ access to the Marketplace, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware that the activity or the information stored is illegal or harmful to a third party’s rights or property. In this regard, Dished App may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. By making content available through the Marketplace, Users assign to Dished App all exploitation rights arising from the contents thus supplied.

As a User of Dished App, you warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to Dished App and indemnify Dished App for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

16. NO WARRANTY IN ASSIGNMENTS OR PAYMENTS

Dished App gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights. In this regard, Users state that they understand that Dished App is an independent company that puts Customers and Chefs in contact with each other, and that it accepts no liability arising from the information provided by Chefs for any loss or damage that may potentially be suffered by them due to a breach of these General Terms and Conditions. Dished App will therefore never be liable for the availability of Chefs or for their adequate and satisfactory performance of assignments. 

Dished App makes no assertions or confirmation regarding the Chefs or their identity or background information. Notwithstanding the foregoing, Dished App may potentially carry out additional checks and put into motion procedures designed to help check or verify the identity of Chefs. In this regard, when a User achieves Chef status, this simply indicates that the said user has completed the relevant registration process and has accepted these General Terms and Conditions, and any other specific conditions that may apply to him/her. Such status implies neither certification nor endorsement by Dished App as to such User’s reliability, suitability and/or safety.

Dished App therefore recommends that Customers always use common sense and their full attention when delegating an order to a particular Chef.

By becoming members of the Marketplace, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the Marketplace or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Dished App.

17. UPDATES AND CHANGES TO THE MARKETPLACE

Dished App reserves the right to amend these General Terms and Conditions at any time and without prior notice. Users must carefully read these General Terms when accessing the Marketplace. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the Dished App Marketplace. 

In addition, Dished App reserves the right to update, amend or delete the information contained on its Marketplace, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. Dished App does not guarantee the absence of errors or interruptions when accessing the Marketplace or its content or that it will always be up to date. Notwithstanding the foregoing, Dished App shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

18. INTELLECTUAL PROPERTY

Dished App is the owner or licensee of all intellectual and industrial property rights included on the Marketplace as well as of the contents that can be accessed through it. The intellectual property rights of the Marketplace, as well as the text, images, graphic design, browsing structure, information and contents included therein are the property of Dished App, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the legislation on intellectual and industrial property rights. 

Authorizing a User to access the Marketplace does not imply the waiver, transfer, licensing or full or partial assignment by Dished App of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Dished App Marketplace are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Dished App Marketplace for public or commercial purposes are also prohibited, save with Dished App’s express written authorization or, where applicable, that of the owner of the rights concerned.

Any User who shares any content of any kind through the Marketplace asserts that he/she has the necessary rights to do so, releasing Dished App from any liability regarding the content and lawfulness of the information supplied. By providing content through the Marketplace, Users assign to Dished App, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.

19. SEVERABILITY

If any of the clauses of these General Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Agreement to be void, and the said Agreement shall remain valid and effective between the Parties. 

20. APPLICABLE LAW

The relationship between Dished App and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by laws; and any disputes shall be submitted to the Courts.