User Agreement Terms & Conditions
These Terms & Conditions and all policies and additional terms posted on our applications, tools, sites and services (collectively "Services") set out the terms on which Lunch.Co offers you access to and use of our Services.
The entity delivering Lunch.Co’s Services is: Hungry Ventures Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. Company Number 12149491
Please be advised that this Terms & Conditions contains general terms and conditions as well as provisions that govern how claims you and we have against each other are resolved (see "Liability" and "General" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration.
2. About Lunch.Co
Lunch.Co is a digital service that allows Users to offer, sell and buy home-cooked meals prepared by amateur cooks (unless otherwise explicitly stated on an individual listing) to and from colleagues in their workplaces on a system to which the access is limited to a group which may be according to the wishes of the Organisation (effectively a Lunch.Co client), ordinarily their employer and usually only employees of the company.
A contract to use the Services may exist between Lunch.Co and the Organisation.
The actual contract for sale of meal portions is directly between the User vendor and User buyer and all meals bought are on the understanding that they have been prepared by non-professional cooks. Lunch.Co has put in place policies to safeguard food safety as far as reasonably possible (Please see “Using Lunch.Co” section below). However, the meals on Lunch.Co—and some of the Food Safety information—is provided by third parties and Lunch.Co can ultimately not be liable or responsible for either.
The cooks themselves set the pricing. Lunch.Co offers advice, but does not determine price. It determines the percentage charged on each User transaction. (See Pricing Policy below)
Any guidance we provide as part of our Services, such as pricing, listing, food safety, packaging and sourcing is solely informational and Users may decide to follow it or not. While Lunch.Co puts in place policies and functionality to promote adherence to such advice, Lunch.Co cannot be liable for enforcing it.
Also, while we help facilitate the resolution of disputes and maintenance of standards through various policies and activities, Lunch.Co has no control over and does not guarantee: the quality or safety of items for sale; the truth or accuracy of users' content or listings; the delivery of transacted meals—though we have clear policies on refunds for meals not delivered.
3. Using Lunch.Co
Lunch.Co is NOT suited for use by:
Minors as legally determined in law in the User’s country of residence. In order to support this policy, Users will not be able to transact on Lunch.Co until such times that they have entered a valid payment method ordinarily not provided to anyone under 18. We also reserve the right to ask for proof of age by other secure methods as we see fit.
People with food allergies - Lunch.Co expressly states that it is unsuited for use by anyone with a food or beverage allergy in these Terms & Conditions. Additionally, the Lunch.Co platform (Services) is designed to deny access to a User account to any prospective User who does not confirm that he or she does not have a known food or beverage allergy during the automated allergy screening at sign-up. Lunch.Co—and the Organisations offering Lunch.Co Services to their employees/members— is neither responsible nor liable for the health and safety of Users with food and beverage allergies, known or unknown, who gain access to a user account through false, inaccurate or ignorant responses to our allergy screening or any other means circumventing the safeguards and systems to prevent access by those with food and beverage allergies.
Professional vendors — Lunch.Co is a platform for amateur cooks. Whilst individual User vendors are entitled to make accurate statements about any formal Food & Beverage qualifications and/or professional experience as chefs or in the food industry, they should never state or imply that they are offering meals prepared under the same regulatory conditions as restaurants or professional hospitality operators. We reserve the right to take action, including but not limited to termination of the individual User account of anyone doing so.
Unwilling Users — While we welcome that Organisations encourage their employees/members to use Lunch.Co, under these Terms & Conditions, Organisations are required to make it clear to all to whom they give access to the system, that its use is entirely voluntary. No Organisation shall make or imply that Lunch.Co an obligatory condition of employment or performance. To do so is a breach of the User Agreement (and may also be a breach of other employment law).
In connection with using or accessing the Services you will not:
breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services
fail to deliver meal portions sold by you, unless you have a valid reason as set out in our policies
interfere with any other user's listings; such as posting unsubstantiated reviews of meals offered by them
post false, inaccurate, misleading, deceptive, defamatory, or libelous content
take any action that may undermine the feedback or ratings systems;
transfer your account and user ID to another party
distribute viruses or any other technologies that may harm the interests of users;
interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure
infringe the copyright and/or other intellectual property rights that belong to or are licensed to Lunch.Co.
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you
harvest or otherwise collect information about users without their consent; or circumvent any technical measures used to provide the Services.
If we believe you are abusing our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Organisation and/or User account(s) and access to our Services, delay or remove hosted content, remove, not display, and/or remove listings, and take technical and/or legal steps to prevent you from using our Services.
Individual Users accept that we reserve the right to inform the Organisation paying for the Lunch.Co group/s to which they have access of any of the above behaviours that potentially constitute a risk to others; such as attempting to sell alcoholic drinks or using the Services to post and/or send abusive, harassing or bullying content to others
We may cancel unconfirmed User accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
4. Abusing Lunch.Co
Without limiting other remedies, we may limit, suspend, or terminate your User or Organisation account and access to our Services, restrict or prohibit access, limit your activities on our Services, remove listings, alter ratings, remove any special status associated with the account and take technical steps to keep you from using our Services if:
we think that you are creating problems or possible legal liabilities for us, our users or other third parties;
we think that such restrictions will improve the security of Lunch.Co or reduce our or a user's exposure to financial liabilities;
we think that you are infringing the rights of third parties;
we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
you fail to make, or it is evident that you are unable to make full payment of any fees due for our Services by your payment due date.
5. Policy Enforcement
When a buyer or seller issue arises, we may consider the User's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to treat both buyers and sellers fairly.
6. Payment, Purchase Conditions & Pricing
Lunch.Co takes the form of “closed” communities offered as a service to Organisations for their employees/members. For our Services, Organisations’ fees and payment terms are as per agreement between the Parties. Please contact for further details.
Should an organisation wish to terminate its use of the Services, it is required to give two months notice. If the next billable quarter payment date falls within that two month period, it will be expected to pay the next quarter’s bill. It will have full access and use of the Services up until the end of that quarter.
Lunch.Co reserves the right to limit, suspend or terminate an Organisation’s Lunch.Co community for non-payment of due fees. Furthermore, Lunch.Co cannot be liable for any loss—perceived or actual—by the Organisation and/or its Users in the event that its community is suspended or terminated as a result of the Organisation’s failure to pay due fees.
The sequence of escalation for non-payment will usually, but not always, be:
suspension for up to 30 days during which time the Organisation may choose to rectify payment and continue with its agreement with Lunch.Co
If after 30 days of a Lunch.Co community being suspended, the Organisation has not responded to reasonable attempts to clarify and rectify the situation, Lunch.Co reserves the right to view the account as default and take action accordingly
When agreement exists between Organisation and Lunch.Co, Users have access to Lunch.Co as a result of their Organisation’s decision to give them access i.e. it is not an open online platform. Users are not required to pay any fees to use their Lunch.Co communities, but a transaction fee is charged to both vendors and buyers on each meal transacted via Lunch.Co.
By using the Service, the User Vendor and the User Buyer can send and receive money as agreed as the reward set in the posting.
Currently a transaction fee is charged for every transaction going through the Lunch.Co platform. This fee is drawn from the User selling in accordance to the rates on our Website (link).
In the event that your Organisation chooses to terminate its Lunch.Co community, Users will be informed of this by email. Any outstanding credit in user accounts will be paid into the required payment account details associated with the individual user account.
In the unlikely event that a Lunch.Co community is suspended due to non-payment by the Organisation, Users will be notified by email. In such cases, any outstanding credit in User accounts will be paid into the required payment account details associated with the individual user account only after the 30 day-period the Organisation has to rectify and reinstate a suspended community before Lunch.Co will consider it in default and terminated.
In the event of voluntary termination by the Organisation and/or involuntary suspension of a community, the period for which Users will have access to the system after notification by Lunch.Co will vary significantly in each case. Lunch.Co cannot be held viable for loss of User content and/or any other perceived or actual loss as a result of termination or suspension of an Organisation’s community. Whilst we will endeavour to ensure optimum access for Users to accounts we cannot ensure any fixed period of access.
NB: In the event that Users are informed that their Lunch.Co community is being closed, they should NOT delete their user accounts or remove payment details. Should they do so, Lunch.Co will not be able to pay any outstanding credit back into their accounts as relevant.
Lunch.Co may, from time to time, choose to waive all or parts of its fees for Organisations and transaction charges to Users as part of special research or pilot communities and/or as part of its CSR activities. The fact that Lunch.Co may opt to enter into such agreements with individual Organisations and their employees/members is entirely discretionary and does not negate any part of the User Agreement nor set any form of precedent relevant to its usual functioning and activities.
Lunch.Co reserves the right to change prices for its Services and transaction fees.
Organisations and Users will be notified by email when Lunch.Co changes or amends its Current Pricing www.lunch.co/payments.
Organisations will continue to be charged at the agreed rates at sign-up for the remainder of their optionally contracted period, regardless of duration. Only at the point of re-contracting will the new pricing come into effect.
Purchase Conditions — Users
When buying meal portion/s on Lunch.Co, you agree to the rules for buyers and that:
You are responsible for reading the full item listing before ordering a meal,
You enter into a binding contract to purchase a meal when you order a portion or portions. Unless cancelled 2 hour before the listed delivery date and time in accordance with our cancellation policy (see below), the agreement is binding.
Your payment for meals ordered will be handled by Lunch.Co according to the Payment Arrangements Policy (see below) and you agree to these as a user of the Services. Any deviation from these arrangements will only be made with the explicit agreement of Lunch.Co
When ordering more than one than one portion with a view to ordering on behalf of others, the purchaser is entirely responsible and liable for any food sensitivities or preferences not overtly visible to the vendor on the purchaser’s profile. The vendor, Luch.co and Organisation have no liability for disputes arising as a result of a purchaser ordering on behalf of others
User Vendor Conditions
When selling meal portion/s on Lunch.Co, you agree to the rules for User Vendor and that:
The food cooked is done in accordance with local legal requirements in terms of, but not limited to hygiene, volume, etc. Lunch.Co is a Software platform Users can post their meals, and it is the User Vendor who is responsible for the quality of their meal.
Your listing is full and accurate
You undertake to directly communicate with the purchaser ordering the meal portion/s via the Lunch.Co platform where you have any reasonable concerns
You undertake to ensure that all ordered portions confirmed will be available for delivery/collection at the listed venue on the listed date at the listed time. Failure to do so may result in payment being withheld and/or returned to the purchaser and/or other sanctions at the discretion of Lunch.Co and/or the Organisation, including suspension or cancellation of your User account.
You agree payment for the meal portions you deliver will be made in accordance with the Payment Arrangements Policy (see below)
Neither Lunch.Co nor the Organisation is responsible for any fiscal regulatory administration or other legal requirements relating to earnings in your state of residence for any income and/or profit made as a result of selling via Lunch.Co.
Responsibility to communicate and cancel if User Vendor has other valid reason (e.g. can’t come in to work due to illness)
If applicable, declare and pay local taxes.
Lunch.Co provides a payment service from an external part, Stripe Inc, on The Website and in The App, which User Vendor and User Buyer can utilize for payments related to a posting. By agreeing to these T&C and by continuing to use the Service, you are also bound by terms of service provided by Stripe and are available through their website, www.stripe.com. Stripe’s terms can change from time to time. As one term included in Stripe’s terms you must provide accurate and correct information about yourself and explicitly give your consent to Lunch.Co to share such information and other transactional information in the payment service provided by Stripe.
In order to use a Lunch.Co community for buying or selling, you will be required to provide verifiable payment information. Please note that there are two types of payment information that are required a) a payment method by which you can pay for meals ordered b) a payment method by which Lunch.Co can pay credit owing to you for meals sold.
Since a payment method is a useful means of verifying additional personal information, you may find that you cannot undertake any activity on Lunch.Co without this being entered in you personal User account settings.
Lunch.Co reserves the right to change third-party payment systems without further notice. This may result in you being required to re-enter your payment methods/accounts on occasion.
Lunch.Co reserves the right to change the policy on when or how credit owing to User vendors is paid back into their external accounts. This could be for a number of reasons such as changes to regulation or, by limiting the number of times a month we pay credit in Lunch.Co User accounts back into personal bank accounts, we can reduce costs and keep transaction fees lower. In the event that Lunch.Co alters its policy on paying vendors, Users will receive a minimum of 14 days notice before the changes take effect.
8. Use of images and content
An Individual User owns the intellectual property rights to any original content created on Lunch.Co or which he or she has created and uploaded to Lunch.Co and is free to share it in any way.
As a part of the Terms & Conditions of use, Users give some legal permissions (known as a ‘licence') to use this content. Users grant Lunch.Co a non-exclusive, unlimited, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. Users give Lunch.Co permission to store, copy and share their content with others.
Users accept that, while Lunch.Co will take all reasonable measures to ensure that appropriate action against any User found to be using the content owned by other Users without express permission that we discover and/or is reported to us, Lunch.Co cannot be responsible for any infringement of an individual User’s copyright that may occur as a result of another User choosing to use his/her content against the terms and conditions of this agreement.
Users give Lunch.Co permission to use your name and profile picture and information about actions that you have taken on Lunch.Co within the communities to which you have access. This may include—but is not limited to—content on the meals you have bought or sold and interactions between Users within the Lunch.Co community.
When listing meal portions for sale on Lunch.Co, the system requires that you upload a minimum number of representative images. A User uploading images to a meal listing confirms that:
s/he owns or has the proveable right to use these images
That these images are a reasonable representation of the meal for sale
Users—buyers and vendor—accept that Lunch.Co applies the same guidelines and standards adopted across the broader food media; that imagery may make use of styling or staging in order to make dishes more attractive as long as its remains a reasonable representation. For example, it is acceptable to use images staged as platings on crockery that will obviously not be used in the workplace or images of an entire quiche that is being sold as portions.
Similarly, it is acceptable for vendors to use archival from previous occasions on which they cooked the dish, even with slight variations as long as they indicate these in their listing text.
In order to ensure that their images are reasonable representations, vendor Users should pay particular attention to the following:
Portion size — if you uses images showing a portion of a different size from the ones for sale, ensure this is indicated in your text
Accompaniments/side dishes — if you are selling meals that have different accompaniments/side dishes from the ones used in your images, ensure these differences are indicated in the text — e.g. “this time I am serving the meatloaf with fresh green beans instead of broccoli’
Clarifying specific exclusions — e.g. “Please note that this dish does not come with the greek salad visible in the corner of this picture”
If User Vendors use stock images they are encouraged to think that, firstly they need to be a reasonable representation and, secondly, they should consider that stock images may damage their own credibility or trust with buyers, who expect to be buying homemade meals on Lunch.Co.
Users specifically undertake to NOT…
Copy and reuse the images or content of other users on Lunch.Co
Copy and reuse the images or content of recipe sites, food blogs or any other online media, including those used by Lunch.Co in its in-app content
Where Lunch.Co has reasonable concerns that these policies have not been observed, it reserves the right to immediately block or remove such images without further notice, ordinarily until such times that the user can demonstrate that they are using the images or content legally. Lunch.Co further reserves the right to put in place sanctions, including permanently closing the user account since such copyright (and other) infringements are a clear and serious breach of the Terms & Conditions.
9. Authorisation to contact you, recording communications and access to peer-to-peer communications
Lunch.Co may contact you using any reasonable means via contact information provided on your profile and at sign-up, not limited to email or (mobile) phone number to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; (v) inform you of changes to Service, for special projects and campaigns or to inform you or other incentive activities operated by Lunch.Co or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.
Lunch.Co may, without further notice or warning and in its discretion, monitor or record telephone conversations and/or emails you or anyone acting on your behalf has with Lunch.Co or its agents for quality control and training purposes, or for its own protection.
Lunch.Co’s automated systems may scan and analyse the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of these Terms & Conditions, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Lunch.Co may store message contents, including to conduct this scanning and analysis.
10 Privacy of Other Users
You, the User and/or Organisation, agree to not use any personal information about other users gathered via the interactions and general activity on Lunch.Co or to harvest such information for the purpose of other commercial gain. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
11. User-to-User conditions and payments process
The process is simplified as:
Currently a transaction fee is charged for every transaction going through the Lunch.Co platform as specified under Pricing on our website www.lunch.co/payments. This fee is drawn from the Vendor User.
Should a buyer User report non-delivery and/or other objections to a delivered meal, the payment held in escrow will not be made to the vendor User’s account until the matter has been investigated resolved in accordance with Lunch.Co’s Dispute Resolution Policy.
12. User-to-User Dispute Resolution — Agreement to Arbitrate
Users accept as part of the Terms & Conditions of use, that Lunch.Co is a platform where buyer Users willingly enter into a contract for the purchase of homemade meals cooked by vendor Users who are almost exclusively not professional chefs or employees involved in professional food preparation. Thus our policies on resolving user-to-user disputes over practical matters such as non-delivery, are more readily outlined than those relating to meal quality or “customer service” on the part of vendors.
Users accept, as Terms & Conditions of use, that Lunch.Co be the first—and generally final—arbitrator in user-to-user disputes. Users accept that Lunch.Co will make its decision on disputes on the basis of information made available to it via email by Users and that its decision will be final. Lunch.Co’s decision will be made with the full knowledge that the ability to make a fair and accurate assessment is limited to conclusions it can reasonably draw from the Users’ emails and other data captured by the system—such as repeated reports of non-delivery by the particular vendor or an uncharacteristically high number of non-delivery reports by the buyer across a range of vendors.
Lunch.Co’s decision in resolving disputes may result in a decision where no refund is made to either party; where a full refund is made to either/both vendor and buyer or where Lunch.Co judges a partial refund to either/both vendor and buyer to be fair. All such decisions are purely discretionary and final.
Furthermore, Lunch.Co reserves the right to take further action against either or both user parties involved in the dispute where investigation reveals other concerns that either/both user parties are not acting within the Terms & Conditions of the User Agreement. This could include sanctions such as limiting a user’s use of the system or even closing user accounts.
Users also accept as part of the Terms & Conditions of use, that the Organisation has no responsibility or liability for the actions of individual Users relating to delivery and quality of meals offered by vendors, nor the veracity of any vendor listing information. Users similarly accept that Organisations are under no obligation to resolve disputes between individual Users nor will Users call upon them to do so.
Conversely, Organisations accept Lunch.Co’s right to arbitrate in user-to-user disputes and the finality of its decisions. Even where an Organisation chooses to become involved in a user-to-user dispute against guidelines, and regardless of the fact that it is paying a fee for its employees/users to have access to the Community, Organisations accept that Lunch.Co may not be in agreement on a resolution and that, ultimately, Lunch.Co’s decision on access to the Lunch.Co platform or other outcomes rest with Lunch.Co.
Lunch.Co may not be able to reasonably arbitrate in certain user-to-user disputes. It reserves the right to refuse arbitration and/or take other reasonable action in such cases. These might be—but are not limited to:
Complaints by buyers linked to allegations of unsubstantiated malicious behaviour that have little to do with the meal transaction e.g. complaints linking a vendor’s “failure” to a workplace dispute that has nothing to do with Lunch.Co
Unsubstantiated complaints by the buyer that a vendor’s meal has resulted in illness or other harm or dissatisfaction due to speculative claims about his/her adherence to food safety guidelines, freshness of the ingredients etc.
Raise concerns with either vendors or buyers about patterns of complaints demanding a high level of Lunch.Co intervention that appear to involve an element of behaviour that can or should be corrected by the User
Lunch.Co, the Organisation and vendor Users cannot be liable or responsible for any issues arising from ingredients bought in good faith that turn out to be below standard or faulty. Whilst we encourage buyers to raise such concerning issues, our arbitration outcome may be limited to advice—such as to advise the vendor to raise the issue with the producer/retailer from which the ingredients were bought or with a relevant external agency.
In the unlikely event that a complainant raises credible concern that a vendor is engaged in illegal or clearly malicious behaviour towards other users of Lunch.Co, Lunch.Co reserves the right to —but not limited to—take immediate steps to block the vendor’s access to Lunch.Co, inform the Organisation, pass on the concerns to relevant external authorities and any other reasonable actions warranted under duty of care.
Where a vendor confirms or does not contest non-delivery within 72 hours of notification, payment will be refunded to the buyer and not paid to the vendor
In the event that the buyer reports non-delivery and this is contested by the vendor, arbitration will rest solely with Lunch.Co as to refunds, payments and/or any relevant sanctions resulting from the matter. (See above)
Users accept as part of the Terms & Conditions of use, of Lunch.Co that the Organisation has no obligation, liability or role in the resolution of disputes based on non-delivery
Users and Organisations agree that User Vendors have the right to cancel orders made by purchasers via Lunch.Co without liability and/or prejudice under the following conditions:
No later than 24hours before the listed date and time of delivery
At any time when they can demonstrate reasonable concerns about a buyer’s harassing, abusive, bullying or other inappropriate interaction via Lunch.Co
In the case of unforeseen events meaning that the meal could not reasonably be prepared. This includes, but is not limited to, mechanical failure of kitchen equipment, power failures, personal illness or force majeure —Lunch.Co reserves the right to ask for verification
In the case of unforeseen events meaning that the meal could not reasonably be delivered. This includes, but is not limited to, transport strikes or haltage, unplanned building closure, personal illness or force majeure——Lunch.Co reserves the right to ask for verification
In the event that a vendor cancels or fails to deliver a meal for any of the above reasons, payment will be returned to the buyer without prejudice.
Please note this exception: where a vendor attempts to deliver an ordered meal but finds the buyer absent without forewarning at the listed collection/delivery location on the listed date at the listed time and s/he makes reasonable attempts to deliver the meal (e.g. leaves it labelled with the buyer’s name in a communal fridge and notifies the buyer via the Lunch.Co) the meal will be considered delivered. Thus, the buyer will not receive a refund
Users and Organisations agree that buyers have the right to cancel purchases made via Lunch.Co without liability and/or prejudice under the following conditions:
No later than two hour before the listed date and time of delivery
At any time when they can demonstrate reasonable concerns about a seller’s harassing, abusive, bullying or other inappropriate interaction via Lunch.Co
Buyers may be able to cancel an order less than 24 hours before due delivery and be refunded under the following discretionary conditions and conditional to the vendor agreeing:
By mutual agreement with the vendor should the buyer notice that s/he has made an error in ordering only detected after the order has been made
In the case of unforeseen events occurring within 24 hours of the agreed delivery time meaning that the buyer will not reasonably be able to take delivery such as illness, being required to travel for work, unplanned building closure, personal illness or force majeure. However, buyer cancellations occurring within 24hours of delivery are subject to the vendor’s consent for a refund to be considered
Users agree that Organisations have the right to cancel orders made by purchasers and/or orders sold via vendors offered via Lunch.Co without liability and/or prejudice under the following conditions:
Under the rare and unlikely circumstances that either the vendor or buyer will not be returning to work (for the foreseeable future) with immediate effect due to, but not limited to, sudden long-term illness, suspension or dismissal
Where such cancellations occur within the standard 48 hour (vendor) and 24 hour (buyer) cancellation terms, these cancellations will be treated as standard User cancellations. In the event that they occur without warning on the day of contracted delivery/collection—or even retrospectively—Lunch.Co will agree a discretionary arrangement with the Organisation for any relevant refunds to affected parties.
13. Abusing Lunch.Co
Without limiting other remedies, we may limit, suspend, or terminate User or Organisation account(s) and access to our Services, restrict or prohibit access to; your activities on Lunch.Co; remove or otherwise restrict listings; remove hosted content; remove any special status associated with an account; and take technical and/or legal steps to keep you from using our Services if:
We have reason to believe that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
We have reason to believe that such restrictions will improve the security of Lunch.Co or reduce our or user's exposure to financial liabilities;
We have reason to believe that you are infringing the rights of third parties;
We have reason to believe that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or Users;
Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us
In the case of Organisations, you fail to make, or it is evident that you are unable to make full payment of any fees due for our Services by your payment due date.
We endeavour to keep Lunch.Co and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. From time-to-time updates and maintenance and introduction of new functionality to the system may mean that certain features—such as ordering—are not updated in real time or that functionality ordinarily available—such as listing—is temporarily unavailable. Such issues are beyond the control of Lunch.Co. We will ensure that you are informed of disruption to service due to planned updates and upgrades, but we cannot be accountable to such issues that arise without warning as a result of remedial responses to unforeseen problems arising.
We (including our client Organisations, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
your use of or your inability to use our Services;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Lunch.Co Service;
the content, actions, or inactions of third parties, including items listed using our Services
a suspension or other action taken with respect to your account or breach of the Abusing Lunch.Co section;
the duration or manner in which your listings appear in search results; or
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any meals you list on Lunch.Co.
Because of the nature of Lunch.Co, the accuracy and truth of the information relevant to user verification on Lunch.Co is a combination of what is provided by a third party—the Organisation commissioning a Lunch.Co community for its employees/members—and information provided directly by individual Users on sign-up. Even though Lunch.Co may not have access to this information directly—because, for example, of Organisation confidentiality policies—it does mean that we have a more secure verification process than many open-platform Internet services.
Nonetheless, Lunch.Co cannot and does not confirm, and is not responsible for ensuring the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our platform.
Regardless of the previous paragraphs, if we are found to be liable, our liability to Users or to any third party is limited to any amounts due under our non-delivery and/or cancellations policies but never greater than £100.
In the case of Organisations the amount of fees in dispute not to exceed the total fees which the Organisation paid to Lunch.Co in the 12 months prior to the action giving rise to the liability, or £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
15. Legal Disputes
If a dispute arises between you and Lunch.Co, we strongly encourage you to first contact us directly to seek a resolution by contacting us via . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. User and Lunch.Co both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
User agrees that Lunch.Co may at any time and without notice set-off any of the amounts held in Lunch.Co user accounts held or controlled by you with any fees, charges or other amounts you owe us (unless prevented by insolvency law). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an Lunch.Co credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and the Organisation funding your access to Lunch.Co, our affiliates, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend these Terms and Conditions at any time. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and a Lunch.Co representative authorised to do so.
The policies posted on our site may be changed from time to time. Changes take effect when we post them on the Lunch.Co site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The User Agreement and all policies posted on our site are the entire agreement between you and Lunch.Co and supersede all prior understandings and agreements of the parties.