Terms and Conditions

Be MyCaterer

LAST UPDATED: 31 JANUARY 2020
BACKGROUND:

These Terms, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this website, www.bemycaterer.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site.  You will be required to read and accept these Terms of Sale when ordering Services.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”

means a contract for the purchase and sale of Services, as explained in Clause 8;

“Order”

means your order for the Services;

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Services”

means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and

“We/Us/Our”

means BEMYCATERER Limited, a company registered in England under 11455250 whose registered address is 120 Bouverie Road, London, United Kingdom, N16 0AQ

.

2. Information About Us

Our Site, www.bemycaterer.com is owned and operated by BEMYCATERER Limited, a limited company registered in England under company number 11455250 whose registered address is London, United Kingdom, N16 0AQ

3. Access to and Use of Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

3.5 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

4. Age Restrictions

4.1 Consumers may only purchase Services through Our Site if they are at least 18 years of age.

5. International Customers

Our Services are available to UK customers only.  We do not currently accept orders for Services from customers based outside of the UK.

6. Services, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from the third party caterers marketed by Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

6.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.

6.3 Where appropriate, you may be required to select the required catering services.

6.4 We neither represent nor warrant that all Services provided by the third party caterers will be available at all times.  Availability indications are not provided on Our Site and are solely a matter between you and the Third Party Caterer.

7. Orders – How Contracts Are Formed

7.1 Our Site operates as a matching service and listing service. As a Customer you complete an online form setting out your requirements, we then match your requirements to one of our Third party caterers registered with us. As a Customer you will have sole responsibility to choose and verify. Our Package lisintg allows you, as a Customer, to browse and book a package. Further details on payments and terms below. IF in any doubt, please email info@bemycaterer.com or call 0203 488 4903.

7.2 No part of Our Site constitutes a contractual offer capable of acceptance.

8. Payment

8.1 Payment for the Services Price and payment details will be a matter solely between you and the Third Party Caterer. As a customer, we charge no fees for posting a job or matching you with caterers.

Provision of the Services

9. TERMS CONCERNING THE CUSTOMER

9.1 The Services will be provided by the Third Party Caterer. We will not be responsible in any way for the provision of services to you. Any issues, complaints or comments should be referred to the Caterer.

9.2 Based on your requirements, we will provide you with a shortlist of potentially suitable caterers. We make no representation that the caterers will actually be able to provide the service as to your specification.

9.3 We reserve the right to change the number of Caterers included on any shortlist at any time.

9.4 The menus, services and packages set out by the Caterers are in no way verified by us.

9.5 Caterers have 12 months to upload their proof Public Liability Insurance, at least Level 2 Award in Food Safety in Catering Certificate and Food Hygiene Rating Certificate and its solely their responsibility to upload. As part of registration, we ask caterers to ensure they have these documents available upon request.

9.6 We check to see what ratings caterers have been awarded by thier local authoirty and verify this via the Food Satndard Agency website, on the caterer's website and via phone call. We rely solely on what we see or hear. 

10. TERMS CONCERNING CATERERS

10.1 We match your services to requirements set out by the Customer. We make no representation as to the accuracy of the requirements set out by the Customer or if your services are suitable.

10.2 The information uploaded on the Caterer profile is a matter for that Caterer. The Caterer acknowledges any such information uploaded is to the best of their knowledge, accurate. Any information uploaded which BEMYCATERER consider to be willfully dishonest, inaccurate, offensive, libelous  or in any way untrue will result in that Caterer’s account being terminated and will have nofurther access to the website.

10.3 Caterers using the site will be contacted via two ways. First, if Customer posts a job, Caterer will receive detail of this Job if it matches Caterer's profile. Second, Caterers can list packages on our Site for customer to instantly book (see Section 21). The customer is solely responsible for selecting which caterer they wish to use.

10.4 We offer a trial period as stated in the Caterer Signup Page. This is subject to change without the permission of the Caterers. 

10.5 While we hope that Caterers who use our service will find it profitable, we make no guarantee that the relationship will be profitable. We will accept no liability for any losses incurred by any Caterer as a result of the use of our service not being profitable.

10.6 We ask, but do not vierfy, all Caterers listed on our site to have the following: Public Liability Insurance, at least Level 2 Award in Food Safety in Catering Certificate and Food Hygiene Rating Certificate. Subject to 10.7 below, We ask all Caterers to upload these within 12 months of joining us at their discretion.

10.7 We ask Caterers to upload the documents in 10.6 on its dashboard but it is not a requirement.

10.8 In certain circumstances, we may at our sole discretion, allow Caterers who are already listed in Food Standard Agency website not to provide their Food Hygiene Rating Certificate and Level 2 Award in Food Safety in Catering as the local authority would check this as part of their inspection.

10.9 Where we have set up a profile on your behalf, we have done this either on agreement with the Caterer i.e. via phone call or messages. In such cases, we have used information publicly available.

10.10 Where we have set up a profile on your behalf using information publicly available without your agreement i.e. via phone call or messages, we allow caterers to cancel it by emailing info@bemycaterer.com. If we receive confirmation on agreement of T&Cs, the profile is active on our system unless stated otherwise. 

10.11 We reserve the right to request the following: Public Liability Insurance, at least Level 2 Award in Food Safety in Catering Certificate and Food Hygiene Rating Certificate.

11. Problems with the Services and Your Legal Rights

11.1 Any issues problems or disputes arising from the provision of the services is a matter between you and the Third Party Caterer.

11.2 In the event of a problem, we will endeavour to resolve it with you, but we are under no obligation to resolve such disputes and we will be under no obligation to offer refunds etc.

12. Our Liability

12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach (and ours alone) of these Terms of Sale or as a result of Our (and ours alone) negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our (and ours alone) breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

12.2 We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

12.3 Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

12.4 Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

12.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

13. Events Outside of Our Control (Force Majeure)

13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

       13.2.1   We will inform you as soon as is reasonably possible;

       13.2.2   Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

       13.2.3   We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

14. Communication and Contact Details

14.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone by email at info@bemycaterer.com.

14.2 For matters relating to Our Services or your Order, please contact the Third Party Caterer.

14.3 For matters relating to cancellations, please contact the Third Party Caterer. If you have not selected a caterer for your event then contact inof@bemycaterer,com to cancel the job post.

15. Complaints and Feedback

15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

15.2 All Clients who use the services of Caterers via our website will have the opportunity to leave feedback on that Caterer.

15.3 BEMYCATERER are not responsible for any of the feedback left by a Client. If there is any issue concerning the validity, accuracy or legality of feedback left by a Client, then that is a matter between the Caterer and the Client.

15.4 BEMYCATERER may at its sole discretion, remove any feedback at the request of the author of said feedback.

15.5 All feedback must be free of profanity, libel, illegal or immoral content. If we determine that feedback left by a Client consists of any such content, we reserve the right to remove that feedback and terminate the Client’s account.

15.6 If you wish to complain about any aspect of your dealings with Us, please contact Us.

16. How We Use Your Personal Information (Data Protection)

16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

16.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

17. Other Important Terms

17.1 You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

17.2 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

17.3 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

17.4 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

17.5 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.

17.6 BEMYCATERER has the right to deactivate any user access to our website or restrict access to the site and its features immediately and without notice if BEMYCATERER reasonably believes that that user has breached any of these terms.

18. Law and Jurisdiction

18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

19. Promotions and Offers

19.1 Be MyCaterer from time to time will provide offers and promotions. Be MyCaterer reserve the full right to these offers and promotion. Please see Promotion/Offers and T&C page for full detalls of T&Cs on each promotion/offer. To qualify for any offers and promotion, you must meet the criteria as detailed on the page.

20. Packages (20.1 - 20.12 applies to all but mainly applies to customers)

20.1 You reserve the right to cancel your booking of package as per the Caterer’s Package detail, under ‘Important T&Cs’. If payment has been made, you’ll receive a full or partial refund as detailed under ‘Important T&Cs’. It is your responsibility to understand before booking. Once you submit your order, this will act as a confirmation that you’ve acknowledged the T&Cs of the Package.

20.2 We do not take responsibility of providing the food or service. This is between you and the caterer. Any disputes must be solely taken up with the Caterer and it is their discretion. Be MyCaterer will try to mediate but is not the decision of Be MyCaterer.

20.3 When booking a Package, this does not guarantee your booking. Your booking will depend on whether the Caterer has accepted the job. Status of your job can be seen when you login. Be MyCaterer will notify you of confirmation and details of the order/payments via the email provided.

20.4 The Caterer sets the Package price. The price on the Package page is the price quoted exactly as detailed by the Caterer. We cannot amend or discount prices without consent of the Caterer.

20.5. Payments will not be taken at the time of booking. Payment will be requested once the Caterer has confirmed the job.

20.6 Payments will be taken as detailed under ‘Important T&Cs’. This can be a deposit, the full amount or no amount. An invoice will be sent you via email. Where no or some deposit is required to secure booking this will be paid and the remainder will be between you and the Caterer. Payment details can be found under ‘Important T&Cs’.

20.7. Payment will made directly to the Caterer – Be MyCaterer does not offer online payment. It is your responsibility to pay on time and via the method you see fit and as detailed by the caterer. Once you place the order, you have agreed to T&Cs of the caterer detailed under 'Important T&Cs'.

20.8 Details of packages include allergen and dietary information and the Caterer is asked to detail this. We do not take any responsibility of what is included in the Package. We do however monitor and make every attempt to ensure Caterers’ upload the right and correct information.

20.9 The Caterer has the sole responsibility of the Package and Be MyCaterer cannot change the Package or your order without the consent of the Caterer.

20.10 If your order is placed outside our platform, you will not be entitled to Be MyCaterer’s offers and not protected under our terms and conditions.

20.11 In the event, Caterer does not turn up to the event without advance notice or cancels the booking, Customer is entitled to full refund from the Caterer. Be MyCaterer will make every attempt that this is the case but cannot guarantee the refund.

20.12 It is the responsibility of the Caterer to upload all the information. Though Be MyCaterer makes every attempt to ensure information is there for customers, it has no responsibility over this. Caterers are fully liable and responsible for including all information.

20.13 In some instances, We may deliver the food on behalf of the caterer. The caterer is responsible for packaging the food, labelling the food correctly. Be MyCaterer is solely responsible from collecting the food to delviering it. 

21. Packages concerning customers and caterers 

21.1 It is the sole responsibility of the Caterer to upload the information in each of the Packages. Caterer must include all the relevant information including all dietary and allergen information and importantly set out the T&Cs under ‘Important T&Cs’ detailing refund, payment terms, cancellation, notices, availability i.e. anything the customer should be informed of before purchase. Caterers will be liable for all information.

21.2 Caterer must abide by the terms set out in the Package details. Failure to do so, we reserve the right to terminate your account.

21.3 We reserve the right to cancel your account if the Caterer asks the client to book outside the system.

21.4  In the event of Caterer cancelling a booked Package, the Caterer must issue a refund the deposit in full and, any other amount that is taken. Any booking fee, if any, taken by Be MyCaterer will be issued to you once the customer has received their monies.

21.5 In the event of Customer cancelling a booked Package, the Caterer must refund the deposit in full and, any other amount that is taken as per the Package details, under ‘Important T&Cs’. Likewise, Be MyCaterer will also issue the refund taken as the booking fee, if any.

21.6 If the Caterer does not turn up to the said event, Be MyCaterer will terminate the account.

21.7 Any complaints of the services and/or food provided by the Caterer will be between the Caterer and Customer. The Caterer must act professional when dealing with complaints. Be MyCaterer will the mediator where possible and help the situation and will take no liability.

21.8 The Caterer must deliver the package as outlined in the Package. Any offers or promotions must be adhered to.

21.9 Be MyCaterer provides delivery service but this is dependent upon availability and location. Should Caterer use Be MyCaterer's delivery service, the caterer will be responsible for ensuring the food is prepared and packaged correctly and with accurate labelling. Caterers must provide the relevant equipment to deliver i.e. all hot food must be packaged in thermoboxes for transport from kitchen to consumer in order to maintain a stable temperature and food quality. Food must be ready on time for pick-up. Any delays, the caterer will be liable to compensate the customer.

21.9 Caterers are responsible solely with the interaction with customers i.e. keeping them updated with the booking. Be MyCaterer is there to facilitate such discussion and ensure smooth process but accepts no liability.

21.10 Any offers or promotion made by Be MyCaterer on any of the Caterer's Package will be paid by Be MyCaterer and will not impact the fees the Caterer is owed.

21.11 Be MyCaterer does not accept payments on your behalf. Payment method and terms is between you and the customer. You remain responsible for all payments.

21.12 Listing your business on our platform is completely free. For packages we charge a 10% commission fee on confirmed booking. Payment will be taken from the deposit received from customers and the remainder passed onto you. (Please note, for now, all monies will be paid to you directly including the deposit. We will not hold customers deposit until such a time we see fit).  

21.13 We reserve the right to change and amend the pricing of the commission rate at any time without the approval of caterers and without caterers being notified. Catererrs will be notified once pricing has changed.

21.14 We offer caterers the oppurtunity to upload 'Special Packages' for certain events or occassion. We reserve the right to charge commission on those packages as we see fit. These commission rates are decided nearer the time and caterer will be notified prior to uploading the package. We reserve the right over the charges. 

21.15 For pop-ups, general risk assessments are to be provided when requested or upon a pop-up booking to hold on file, so they can be shared immediately with customers. Liability is assumed by the caterer providing the pop-up for any accidental personal injury or damage to property. 

22. Be My Caterer Newsletter Sign Up

22.1 You can sign up to receive exclusive discounts, guides and tips when you sign up with Be My Caterer's newsletters. There are two ways to sign up:

  1. Home Page - At this stage, we only request your email address.
  2. When booking a package / creating an account - You'll have a choice to tick whether you want to receive our newsletters.

22.2 To unsubscribe to our newsletters, for option number 1 (above), you'll need to email info@bemycaterer.com requesting to unsibscribe. For option 2 (above), you can unsubscribe once you log in and go to account. Alternatively, you can also email info@bemycaterer.com. Please note, if you subscribe to our newsletter via option 1 and then you create an account with us and for some reason do not tick the sign up to our newsletter, we'll take it that you do want to receive our newsletters. We will endeavour to confirm with you in any case.