Terms and Conditions

We have made some changes to our Terms and Conditions that will apply from the 22nd April 2020.

 

Please read the following Terms and Conditions carefully. Through reading and agreeing to this, users and Nomads accept the terms and conditions set out below by Nomad Cooks, as this will establish a contractual relationship between the Nomad and the User, and Nomad Cooks and the Nomad.

Table of contents 

Section 1: Definitions

Section 2: The company

Section 3: Booking Request

Section 4: Booking Services and Conditions

Section 5: Cooking Services

Section 6: Payments

Section 7: Other Conditions

Section 8: Limitation of Liability

Section 9: Applicable law

Section 10: Amendment and Termination of Services

Section 11: Disclaimer

Section 1: Definitions 

“Nomad Cooks” shall mean the company Nomad Cooks Limited, whose registered office is

Knockwood House, Nether Wallop SO20 8EL, incorporated and registered in England and Wales with Companies House under with company number 11514685, has designed the website www.nomadcooks.co.uk of which it is the exclusive owner.

“Nomad” means the provider to the “User” of cooking services, and who is licensed to carry out the cooking services in accordance with the Cooking Regulations set out below.

“Website” shall mean www.nomadcooks.co.uk

“Booking Services” means the services set out in section 3, which will be provided to the User of this service with Nomad Cooks acting as the intermediary between the Nomad and the User.

“Booking Request” means the request for Cooking Services by the User through the Website.

“Cooking Services” means the services set out in section 5, which will be provided to the user of these services through the Nomad.

“Cooking Contract” means the contract entered into by the User and the Nomad for the provision of Cooking Services to User by the Nomad. Initiated by through the payment for the Cooking Services by the User and terminated through the Nomad informing Nomad Cooks of completing the Cooking Service for which they were booked.

“Terms” means the General Terms and Conditions of Use and Sale.

Section 2: The company

Through the Website, Nomad Cooks, in its capacity as online broker, connects:

• Individual or collective, private or professional users (the “Users”) with

• External agents who perform cooking services (the “Nomad (s)”).

The purpose of the Company is to connect the Users and the Nomads via the Website in

order to contract Cooking Services.

The Cooking Services can be carried out at home or within a business, for individual or

collective, private or professional Users. Through the Website, Nomad Cooks offers Users a

non-exhaustive range of Cooking Services, which can be booked and paid online.

Nomad Cooks does not intend to carry out the Cooking Services itself. These are carried

out directly by Nomads, external agents outside Nomad Cooks, who have no subordination

relationship with the Company, and under their full and direct responsibility. The role of

Nomad Cooks is limited to the presentation and promotion of these Nomads on the Website.

By registering on the Website, the Nomad and/or the User expressly acknowledges and

accepts the present Terms and acknowledges having been invited to download and print this

document and to keep a copy.

These Terms define the rights and obligations of any User and/or Nomad having access to

the Website and/or Cooking Service from a personal account on the Website (the “Personal

Account”) accessible by means of unique confidential log in details and password, as well as

the roles and responsibilities of the Company in connection with the administration of the

Website.

Section 3: Booking Request

Upon the acceptance of a Booking Request from a Nomad both parties enter into a Cooking

contract for the provision of Cooking Services to User by the Nomad.

Nomad Cooks does not itself provide Cooking Services and is not a Nomad and is not part of

the Cooking Contract.

The Booking Services enables Users of the Website to pre-book and schedule catering and

cooking services with Nomads.

The User acknowledges that Nomad Cooks does not provide catering and cooking services

or functions as a chef and such catering and cooking services are provided by the Nomad or

third-party providers who are not employed by Nomad Cooks or any of its affiliates.

As Nomad Cooks acts as an intermediary between the User and the Nomad, direct deals,

agreements and arrangements made between the User and the Nomad are not allowed.

Therefore, only Bookings made through the Website are subject to these terms and

conditions. In such cases where the User and Nomad made direct deals, agreements and

arrangements, those direct deals, agreements and arrangements are certainly not covered by

the insurance set out in Section 7 and Nomad Cooks is not responsible nor liable for any other

damages such direct deal, agreements and arrangements may cause.

Section 4: Booking Services and Conditions

The acceptance of a Booking must be in accordance with Section 3 above.

Nomad Cooks provides certain services through the Website (the “Booking Services”). These

include:

  • Introductory descriptions of each registered Nomad’s Cooking Service price.

  • Available date and time.

  • Minimum/maximum number of guests for which they can cater.

  • The contents provided to the User by the Nomad.

  • Keeping a record of each accepted Booking.

  • Remotely monitoring the performance of the Bookings by the Nomad.Displaying the User reviews of the Nomad with stars under each Nomad’s details on the website to show a record of performance of their Cooking Services.

  • Dealing with queries relating to Bookings.

  • Receipt of and dealing with feedback, questions and complaints relating to Bookings, which should be made by email: bookings@nomadcooks.co.uk. It is recommended that the User provides feedback if any of the Cooking Services provided by the Nomad do not meet the User’s expectations.

Below are conditions also attached to the Cooking Services:

The User gives permission to the Nomad to use facilities at the home or venue where the

service is to take place (e.g. that the User owns the dishes, oven and other equipment) in

order to exercise and fulfil the Cooking Contract made between the User and the Nomad.

The User and Nomad must never publish private contact details on the Website or exchange

personal contact details throughout the Booking Request.

It is the User’s responsibility to gain access to the website to use the Booking Services unless

there are problems otherwise caused by Nomad Cooks’s own issues. Any charges arising

during the access and use of the Bookings Services should be paid by the User. Nomad

Cooking does not have any responsibility or liability if the access and use failed due to

connectivity errors not caused by Nomad Cooks.

Section 5: Cooking Services

Upon the acceptance of Cooking Services confirmed through the use of Booking Services

stated above, Nomads provide Cooking Services to the User. These include:

  • Preparing the dishes, cutlery, cooking ware and any ingredients necessary to exercise a fulfil the Cooking Contract between the User and Nomad

  • Preparing the table ready for the meal

  • Cleaning all the utensils used in the cooking process

  • Cleaning crockery, cutlery and glasses used by the User this is up to the discretion of the

  • Nomad. Nomads are advised to clean up as much as possible but to also give the User space

  • Making sure that the Nomad complies with all necessary law/regulations such as food and hygiene, and health and safety

The conditions below are also attached to the Cooking Services:

  • In the event of not responding to the Booking request within required time limits, Nomad Cooks may send alternative recommendations to the User

  • In the event of multiple occasions of not responding to the User, the Nomad will be suspended from Nomad Cooks’s website; Nomads have the right to allocate a substitute to carry out the “Cooking Contract” for them

  • In the event that the Nomad is not able to execute the Cooking Services as agreed to the User, immediate notification must be made both to Nomad Cooks and the User by the Nomad.

 

Section 6: Payments

User

The use of the website is provided by Nomad Cooks to the User free of charge.

Payment by the User is required in order to secure the Cooking Contract between the User and the Nomad.

The rates that apply for the Cooking Services provided by the Nomad to the User are governed solely by the Nomad. These may be modified or updated by Nomads from time to time. It is the User’s responsibility to remain informed about the current rates for the cooking services provided to the User by each Nomad.

Users will be able to request any amendment to the booking details, including the date, the

time and the number of guests. This process is initiated by the User contacting bookings@

nomadcooks.co.uk. Nomad Cooks will then supply contact details for the Nomad and once a

mutual agreement has taken place between the Nomad and the User the “Cooking Contract”

will be altered. However, a booking cannot be altered if there is less than 24 hours until the time of the event.

In the event of a cancellation:

• 100% refund if cancelled 72 hours before the time of the event

• 50% refund if cancelled 72 to 24 hours before the time of the event

• 0% refund if cancelled less than 24 hours before the time of the event

In cases of dissatisfaction with the Cooking Services provided to you by a Nomad booked

through the website, and subject to review and assessment of reasonability, Nomad Cooks will make a full refund to the User.

The User shall not, without the prior written consent of Nomad Cooks, solicit, entice away from Nomad Cooks or directly employ or attempt to directly employ any Nomad who is, or has been, engaged as a sub-contractor of Nomad Cooks.

Nomad

Nomad Cooks takes 10% of the Cooking Services fee as payment for the Booking Services

provided to the Nomad and for acting as an intermediary between the Nomad and the User as set out in Section 2.

Upon completion of delivering a Cooking Service and of such a notification being made by the Nomad to Nomad Cooks, the payment less the above service charge, will be paid to the Nomad by the agreed method as soon as possible. Payment can only be made into a UK bank account and identification may be requested (passport/driving licence).

The transfer of these funds into the Nomad’s bank account can take up to seven working days. Payment processing services for Nomads on the Website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Nomad on Website, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Website enabling payment processing services through Stripe, you agree to provide Website accurate and complete information about you and your business, and you authorise Website to share it and transaction information related to your use of the payment processing services provided by Stripe.

In the event of a cancellation 50% of the total price paid by the User for the Booking will be

paid to the Nomad.

Section 7: Other Conditions

 

Breach of contract by the Nomad

In the event of a Nomad not arriving after a Cooking Contract is made, Nomad Cooks will

endeavour to find alternative Nomad which will substitute the previous Nomads role. Failing

that, Nomad Cooks shall refund the full Cooking Service cost to the User.

Indemnity

The User agrees to indemnify Nomad Cooks and its assigns for all losses, expenses, damages

and costs, to the extent reasonable, which may result from the non-observance of the provisions of these Terms. The provisions of this paragraph are intended to protect the Company and its managers, officers, employees, agents, shareholders, licensors and suppliers. Each of these persons or entities may, in his own name, enforce these provisions directly against the User and/or Nomad.

Nomad Cooks shall not be liable for any losses, expenses, damages and costs incurred to the

User or the Nomad from carrying out a Cooking Contract. The Nomad, once entered into a Cooking Contract with the User, will not be liable for any losses, expenses, damages and costs incurred to the User for the duration of the Cooking Contract.

Employment

Under no circumstances will Nomad Cooks engage in an employment contract with a Nomads. Nomads may not act or behave as if employed by Nomad Cooks. Nomads are freely able to work for other companies, including competitors, at the same time as working for Nomad Cooks.

Discount Codes

Nomad Cooks may offer discounts which will be provided either as a percentage or a specific

sum of money. Conditions may be applied to discounts and are at the sole discretion of Nomad Cooks. These can be, but are not limited to, the following: expiry dates, repeat/single usage, minimum spend requirement, tithed to specific users. Discount codes have no cash value, cannot be refunded and cannot be used in conjunction with any other offer or promotion.

User Accounts

In order to use Nomad Cooks’s Booking Services, the User must register and maintain an active user account (“Account”). The User must be of legal age to use the Booking Services. The registration requires Users to submit certain personal information, such as the User’s first name, email address and password to Nomad Cooks.

In order to complete Cooking Contracts, Users will be required to provide more information,

such as venue details, contact numbers and payment details. The User must agree to maintain

accurate, complete, and up-to-date information in the User Account. Failure to maintain

accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in the User being unable to access and use the Booking Services. In such a case, Nomad Cooks is entitled to terminate its agreement with the User. Users are responsible for all activity that occurs under the User Account, and Users agree to maintain the security and secrecy of a User Account username and password at all times. Unless otherwise permitted by Nomad Cooks in writing, a User may only possess one account.

Ownership

The services and all rights therein are and shall remain Nomad Cooks’s property. These terms

do not grant any rights to the User to use or refer to Nomad Cooks’s company names, logos,

product and service names, trademarks or service marks in any manner.

Nomad – User Exchanges

The User and/or the Nomad undertakes to inform Nomad Cooks of any abuse or presence on

the Website of the elements of the non-exhaustive list mentioned below:

  • Contrary to public order and good morals

  • Abusive, defamatory, racist, xenophobic, homophobic, revisionist, or damaging to the honour or reputation of others

  • Inciting discrimination, hatred of a person or a group of persons because of their origin sexual orientation, membership or non-membership to an ethnic group, nation, race or a determined religion,

  • Threatening a person or group of people

  • Unlawful content

  • Content degrading or harmful to the human person or to his integrity,

  • Inciting to commit an offence, a crime or an act of terrorism or defending war crimes or crimes against humanity

  • Inciting suicide

  • Allowing third parties to obtain, directly or indirectly, pirated software, software serial numbers, computer software for hacking and intrusion into computer and telecommunication systems, viruses and other logical bombs and in general any software or other tool allowing to infringe the rights of others and the security of persons and property in violation of the privacy of correspondence

  • Confidential by virtue of a legislative measure or legal act relating to data processing, file and freedoms (including internal, privileged, insider trading or trade secret information)

  • Concerning other Users for inappropriate or unlawful purposes such as unsolicited solicitation, sending proposals to participate in lotteries or contests, chains of letters, or any other matter that is not reasonably related to the use of the Website activity of the Company

Nomad Cooks reserves the right to keep records of the exchanges made on the Website between Users and/or Nomads for further examination.

The Company is not responsible for the content of the Websites accessible by links inserted

by Users on its Website. It is the responsibility of Users and/or Nomads to take all necessary

precautions to ensure that the components that it chooses to use are free from viruses, worms, Trojan horses or any other elements that may damage its equipment or to any one of its components. In no event shall Nomad Cooks be liable to any person for any direct, indirect, special or other damages resulting from the use of third-party Websites. It is also up to Users and/or Nomads to take the necessary precautions to ensure that no link to another Website is inserted. Otherwise, and without prejudice to the legal provisions mentioned above, Nomad Cooks reserves the right to remove any link or content that contravenes the provisions of this article.

Section 8: Limitation of Liability

To the extent that the law applies, Nomad Cooks will not be liable to the User or to the Nomad in respect of any acts or omissions of Nomad Cooks’s employees. Whether such liability arises in any form of content (breach of statutory duty, negligence and misrepresentation), these terms and conditions will limit or exclude Nomad Cooks’s liability to the User and to the Nomad for injury or death caused directly by Nomad Cooks’s negligence.

Users must agree to indemnify and hold harmless from any and all claims, demands, losses,

liabilities, and expenses arising out of or in connection with: (i) use of the services; (ii) breach or violation of any of these terms.

As a Nomad, you are responsible for your own VAT affairs for the earnings you make from

Nomad Cooks.

Section 9: Applicable law

The Booking Services and the Booking Service Terms set out above are to be governed by,

construed and take effect in accordance with the laws of England and Wales. Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

Section 10: Amendment and Termination of Services

Nomad Cooks may terminate these terms or any services at any time for any reason. Nomad

Cooks will provide the User and the Nomad involved in such termination of services with 24

hours notification.

However, Nomad Cooks reserves the right to terminate these terms or any services without

notice if (i) The User is in breach of these terms, (ii) it is impractical to give such notice under the circumstances, or (iii) in Nomad Cooks’s opinion, any delay in such termination would expose Nomad Cooks or a third party to significant risk of harm or damage.

Nomad Cooks may amend the terms relating to the services from time to time. Amendments will be effective upon Nomad Cooks’s posting of such updated terms. A User’s continued access or use of the services after such a posting constitutes the User’s consent to be bound by the terms, as amended.

Section 11: Disclaimer

The User agrees that the entire risk arising out of use of the Booking Services remain solely with the User, to the maximum extent permitted under applicable law.

© 2020 Nomad Cooks Limited