Terms and Conditions
Welcome to the Food4Expats marketplace located at https://www.food4expats.nl.
The present Food4Expats marketplace currently operates as a Food4Expats product registered in the Netherlands with the KVK number (77954939) and will be referred to as Marketplace from then on, for a better understanding of the terms and services .
What do our company's products represent?
Products prepared or provided by entrepreneurs registered in the marketplace and sold through it.
Please read these Terms of Service (“Terms”) carefully as they govern your use of our marketplace and our services accessible through our marketplace.
1. Agreement with Terms
By using the Marketplace, you agree to be bound by these Terms. If you do not agree with the Terms, you are not authorized to access or otherwise use the Marketplace.
2. Privacy Policy
Please see our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of Marketplace is subject to our Privacy Policy.
3. Changes to Terms or Services
We may update these Terms at any time in our sole discretion. If we do, we will notify you by posting the updated Terms on the Marketplace or through other communications. If you continue to use the Marketplace after posting the updated Terms, you agree to abide by the updated Terms. If you do not agree to be bound by the updated Terms, you will no longer be able to use the Marketplace, requiring you to contact us via email (findfood4expats@gmail.com ) to terminate your current plan. For more details on plan termination see section 12. As our Marketplace is evolving over time, we may change or discontinue all or part of the Marketplace, at our sole discretion, with 30 days' notice.
4. Our Services (User)
(a) We provide an online marketplace that allows Marketplace registered holders who prepare food products, called Entrepreneurs, sell them to Marketplace registered holders who wish to purchase them, called Users.
(b) We do not conduct background checks, examine or otherwise verify the identity, integrity or trustworthiness of Entrepreneurs or any other users. We also do not guarantee the quality or safety of the food products supplied by Emprendedores. We encourage the User to exercise due diligence and caution in all interactions with Entrepreneurs when using the Marketplace.
(c) You acknowledge and agree that Users and Entrepreneurs are independent individuals acting on their own, at their own expense, through their own resources and at their own risk. The Marketplace is only an intermediary between the parties (Users and Entrepreneurs), not being responsible for the production or sale of food products.
5. Register as an Entrepreneur on the Marketplace
The following terms apply if you wish to register as an Entrepreneur:
(a) To register as an Entrepreneur, you agree to undergo an initial conversation.
(b) The title “Approved Entrepreneur” is awarded to Entrepreneur candidates who meet our own internal safety and quality standards and have passed our Entrepreneur onboarding processes described in section 5 (a) above.
(c) Once your Entrepreneur account is approved, you can complete your Marketplace profile and start offering food products for sale.
6. Specific Terms for Entrepreneurs
If you are an Entrepreneur, you agree to the following terms:
(a) Be over 18 years of age and have aptitude/skills in the production of food products, which will be evaluated in section 5 (a) of this term.
(b) You agree to personally purchase the ingredients for the food products you offer to sell through the Marketplace and cook those food products. You are responsible for all costs and expenses related to the preparation of food products and your use of the Marketplace, including without limitation cooking utensils and equipment and ingredients.
(c) In order to keep Marketplace uniformity, we will provide general guidelines for listing on the Marketplace.
(d) You acknowledge and agree that Users who purchase your food products may provide public feedback about you and your food products, which may be visible to all users of the Marketplace. This feedback may be in the form of star ratings, individual reviews and/or any other feedback mechanism that we make available on the Marketplace in our sole discretion. You also acknowledge and agree that such feedback may be provided by Users on other digital platforms.
(e) You agree to comply, at all times, with all quality, safety and cleanliness standards required by Dutch law and if there is inspection by public bodies, you are eligible to receive them.
(f) As long as you comply with these Terms, you have ultimate control over how often you prepare your food products, when you prepare them, how you offer them for sale and how you prepares in terms of recipe, groceries, materials used and preparation process.
(g) You agree to fulfill all commitments you make when offering your food products for sale through the Marketplace, including the types of food products you offer, the price of the Meal and the date, time and place at which it is being offered for delivery.
(h) It is an Entrepreneur's duty to keep his store on Marketplace up to date: Product data, Order status and delivery.
(i) You are solely responsible for calculating, collecting and remitting any and all applicable taxes and other fees or payments, and completing all necessary reports that may apply to you and your use of the Marketplace. We are not your tax or legal advisor and have no obligation to calculate, collect and remit taxes or other fees and payments, or make any filings or submit reports, on your behalf. You are encouraged to seek legal, tax or other professional advice regarding your use of the Marketplace.
(j) You agree to follow the guidelines set out in the Maketplace Terms of Use document sent at the time of joining.
7. Payment and fees
(a) For information see the Maketplace Terms of Use document.
8. Hygiene
(a) It is very important and obvious that the Entrepreneur takes good hygiene into account. This way you guarantee that you don't put your consumers' health at risk.
(b) The Entrepreneur registered on the Marketplace is solely responsible for his/her work environment and for keeping it in a hygienic condition. We are not your health consultant and therefore, in case of doubt, we encourage you to seek guidance from competent bodies for the matter, HACCP certification providers or similar. We recommend that you obtain a HACCP certificate, although this decision is the sole responsibility of the entrepreneur.
(c) If you become ill, we must be informed immediately so that your products will be temporarily disabled until you inform us of your return. If there is no notification and sales occur that cannot be met, the order(s) will be canceled and Food4Expats will be refunded to the customer. Because of this, you must pay 10% of the order.
(d) If you become ill (in case of flu or COVID symptoms), we advise you to immediately stop your production. For more information about COVID, look for the GGD for your region or visit the website: https://www.rijksoverheid.nl/contact/coronavirus.
9. Chamber of Commerce (KvK)
Entrepreneurs making sales solely for hobbies do not need KvK, but if sales on the Marketplace become the main source of their income, the entrepreneur needs to register with KvK as a self-employed person, to continue selling on the Marketplace.
10. Ownership, Liability and Removal of Content
(a) Definitions. For the purposes of these Terms: (i) "Content" means text, graphics, images, software, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or made available otherwise through the Marketplace; and (ii) “User Content” means any and all Content you submit or provide made available through the Marketplace.
(b) Our content property. The Marketplace does not claim any a proprietary right in any User Content and nothing in these Terms will be deemed to restrict the rights you may have to use and exploit your User Content. Subject to the foregoing, Marketplace and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the Netherlands and the European Union. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content granted by you. By making any User Content available through the Services, you grant Marketplace a non-exclusive, transferable, worldwide, royalty-free license with the right to sublicense, use, copy, modify, create derivative works based on, distribute, publicly display and publicly perform your User Content in connection with operating and providing the Services and Content, including for advertising and marketing purposes on any media or platform.
(d) Your responsibility for user content. You are solely responsible for your User Content. You represent and warrant that you own all of your User Content or all rights necessary to grant us the rights to license your User Content in accordance with these Terms. You further represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Marketplace in or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You acknowledge and agree that although Marketplace has no obligation to veto, monitor or control User Content. The Marketplace reserves the right to refuse publication of certain User Content and/or remove any User Content in its sole and absolute discretion, with or without cause. You acknowledge and agree that we are in no way responsible for any damage that this action or omission may cause to you.
(e) Removal of User Content. You may remove your User Content by specifically deleting it or by contacting findfood4expats@gmail.com. However, in certain cases, some of your User Content (such as reviews submitted by you) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible for the removal or deletion (or failure to remove or delete) any part of your User Content.
(f) Photos of food products. If you are an Entrepreneur, when we visit your Home Kitchen, we may offer to take professional photographs of the food products you wish to offer for sale (“Food Product Photos”), which we make available for use in the Services. . You acknowledge and agree that Marketplace exclusively owns all right, title and interest in and to the Meal Photos, including all associated intellectual property rights. Subject to your compliance with these Terms, Marketplace grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to use Meal Photos solely on the Services and in connection with your Entrepreneur account. You agree not to use the Meal Photos for any purpose outside of the Services. You also agree to stop using the Food Products Photos if they no longer represent the food products you are offering for sale.
(g) Rights in content granted by Marketplace. Subject to your compliance with these Terms, Marketplace grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal, non-commercial purposes.
11. Independent relationship
You acknowledge and agree that you and Marketplace are not entering into an employment contract, joint venture, partnership or other relationship that gives rise to any rights and obligations other than those explicitly set out in these Terms, and nothing in these Terms shall be construed as creating such a relationship between you and Marketplace. You and Marketplace are also not entering into an agency agreement, except to the limited and exclusive extent that we act as the Entrepreneur's limited payment collection agent. You and Marketplace are acting independently. You may not incur any obligations on behalf of Marketplace, you may not link to the Marketplace, and you may not represent yourself as a representative of Marketplace of any form or capacity.
12. Restriction, Suspension and Termination
(a) If:
- we (acting reasonably) believe that you are in default of your obligations under this Agreement; and / or
- any of the events in Clauses 12(c) applies to you or occurs; and / or
- we have the specific right as set forth in the remainder of these Terms (which we have in Sections 4, 5, 6,7, 8, 9, 10 and 11 , and we validly exercise that right, we may at any time upon written notice, restrict, suspend or terminate part of the provision of Marketplace services pursuant to the sections of these Terms, including suspension of your Marketplace profile.
(b) If we restrict, suspend or terminate part of the provision of services to you as set out in section (a) above, we will provide a clear explanation of our reasons to do so via email prior to the date the restriction, suspension or termination takes effect. If you wish, you can clarify the facts or circumstances that led to the restriction, suspension or termination, contact us via email: findfood4expats@gmail.com. We will then contact you to discuss the issues and, if we determine, after such discussion, that restriction, suspension or termination is inappropriate, we will reinstate the applicable services.
(c) Without affecting any other available right or remedy, you or we may, at any time, upon written notice, terminate these Terms:
- if the other materially breaches any of its obligations under this Term and that breach is unable to remedy, or, if the breach is remediable, has not been remedied to the satisfaction of the non-breaching party within 14 (fourteen) days of notification of the breach by the non-breaching party;
- if the other person becomes insolvent, goes bankrupt or enters into any similar or analogous solvency-related proceedings;
- if a Force Majeure Event renders the provision of the Services impractical or non-commercially viable; or
- you or we are bound by a legal or regulatory obligation.
(d) You may also terminate the registration for convenience, but you must provide us with at least thirty (30) days written notice before termination takes effect. vigor.
(e) If we terminate your registration, we will give you advance notice, and also provide you with a clear explanation of our reasons for doing so by and email at least thirty (30) days before termination takes effect, except where we terminate your registration pursuant to Section 12(c), in which case we will give you the greatest reasonable advance notice possible in the circumstances, and provide you with a clear explanation of our reasons without undue delay (unless we are legally prevented from doing so, or terminate your registration because you have repeatedly breached your obligations, in which case we can provide that explanation). If you wish, you can clarify the facts or circumstances that led to the termination using our email: findfood4expats@gmail.com. We will then contact you to discuss the issues and, if we determine, after such discussion, that termination is not appropriate, we will ensure that termination does not occur or, if it has already occurred, we will reinstate the applicable services.
(f) Upon termination of registration for any reason, we will remove your profile from the Marketplace within a period of up to 30 days.
(g) Notwithstanding anything else in this Term, you acknowledge and agree that search engines that have a license to use your intellectual property or personal information arising from this Term may continue to retain or use the same post termination. Cached versions of the Marketplace may continue to exist on the web browser and web servers of search engines and clients after termination. We will have no liability to you. in relation to such matters, insofar as they are beyond our control.
(h) Your and our rights and obligations under this Agreement, and any provisions necessary for the interpretation or application thereof, will continue and survive after the termination of this Agreement.
13. Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can email feedback to findfood4expats@gmail.com. You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license with the right to sublicense, under any and all intellectual property rights you own or control, to use, copy, modify, create derivative works based on and exploit the Feedback for any purpose.
14. Contact Information
If you have any questions about these Terms or the Services, please contact Marketplace at findfood4expats@gmail. com