Last Revised: November 6, 2018

Welcome to Picobelly, a website operated by Picobelly VOF. Picobelly VOF is registered with the Dutch Chamber of Commerce under number 70733988 and having its seat at Witbreuksweg 387E, 7522ZA in Enschede, the Netherlands. Picobelly is a marketplace platform that connects users looking for home cooked food (the “Buyers”) with cooks who wish to sell meals (the “Picobelly Chefs”) (the “Services”). The Site lists the available upcoming meals, including information about the Picobelly Chef, the meal and pick-up instructions. However, by using the site as a Buyer, you understand that Picobelly Chefs are ultimately responsible for all information posted on the Site, and the ultimate safety and legality of their food. As a Buyer and as a Picobelly Chef you are responsible for any information you post using the platform and you must comply with our Hygiene Guidelines.

1. Privacy

Our Privacy Statement (https://www.picobelly.com/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the services you consent to the collection and use (as set forth in the Privacy Statement) of this information.

2. In Short

These Terms of Use (the “Terms”) are intended to apply broadly and they govern any and all access and use of the website located at www.Picobelly.com (the “Site”) and all aspects of the services offered by and provided through Picobelly VOF. These terms set forth legally binding terms and govern your access to any and all use of the site and services. By accessing or using the site or services, you are accepting these terms and you represent and warrant that (1) you have read, understand, and agree to be bound by the terms, (2) you are at least 18 years old, and (3) you have the right and authority to enter into the terms. You may not access or use the site or services if you are not at least 18 years old. If you do not agree to be bound by these terms, you may not access or use the site or services.

Note regarding dispute resolution: these terms require the use of arbitration on an individual basis to resolve any and all disputes that may arise between us.

Certain features of the Site or Services may be subject to additional terms which will be posted on the Site or Services in connection with such features. All such additional terms are incorporated by reference into these Terms. In the event of a conflict between the additional terms and any provision in these Terms, the additional terms will prevail, but only with respect to the Service to which the additional terms apply.

3. How the Services Work

Picobelly is an online platform or marketplace that connects Buyers with Picobelly Chefs so that they can arrange for the purchase of home cooked food. Through the platform, Buyers and Picobelly Chefs order food directly with each other. Picobelly does not create, provide, own or operate the preparation of the food, or the private homes where the food preparation takes place. Unless expressly stated otherwise within these Terms of Service, Picobelly’s responsibilities are limited to: (i) making the Site and its Services available.

1. Picobelly Chef Applications: Content. As a Picobelly Chef, you determine the terms upon which the order of your Food will be provided. You will submit an application to us that contains: (i) content and images that provide biographical information about you and a description of your meals, (ii) the price to be paid for the meals and (iii) all applicable policies, restrictions and contractual arrangements (e.g., cancellation policies and liability waivers required for all Buyers) applicable to the Buyers (collectively, “Rules”). Submitting an application is in no way binding on Picobelly, Picobelly is not obligated to accept your application or any of its contents, nor is Picobelly obligated to promote your food.
2. Acceptance of Application. If we accept your application, you authorize us to post information about your food, including: (i) your name, images, and biographical information, (ii) a description of the food and (iii) the price you have set, on the Services. We may also promote you and your food using the content you have provided, using any method and medium that we deem appropriate, including through e-mail, mobile applications and any other distribution channel owned, affiliated, controlled or operated by Picobelly. Picobelly may promote your food to Picobelly customers and potential customers based on geographic or other geolocational data, but will determine the customers and potential customers to whom your food is actually promoted and made available, if any, in its sole discretion. Picobelly Chefs are solely responsible for the food, all content they provide regarding their food and any and all interaction with Buyers.
3. Buyer Bookings. Picobelly provides a platform through which Buyers can elect to purchase meals from Picobelly Chefs. As a Buyer, you understand that Picobelly’s only role is to facilitate communications between Picobelly Chefs and Buyers for the purpose of Bookings and it’s not responsible for content provided to the Site by Picobelly Chefs or any aspect of the food itself. Picobelly provides a commercial service to Picobelly Chefs offering Food via the Picobelly Platform.
4. Picobelly Chef Commitments. By participating as a Picobelly Chef, you represent and warrant: (i) that the information you submit to us or post on the Services regarding your Food is true and accurate; (ii) that you will make the Food available to Buyers in accordance with the information you provide and at the times and locations specified; (iii) that you have obtained and will maintain all necessary certifications and licenses and that you comply with all legal requirements, including but not limited to all applicable laws and industry standards (including business licenses, applicable food handling requirements, fire codes, zoning requirements, any required health and safety inspections and, to the extent applicable, the collection and remittance of sales taxes); (iv) that you will provide the Food without imposing restrictions or policies not listed in the Rules; (v) that you will not accept any gratuity or require additional payments not listed on the Site and Services; and (vi) that you will not solicit users to participate in ordering Food off the platform or otherwise circumvent any fees that are paid or would be payable to Picobelly.
5. Buyer Commitments. By participating as a Buyer, you represent and warrant: (i) that you will comply with the Rules; (ii) not solicit Picobelly Chefs or other Buyers for any commercial, religious or other reasons; (iii) arrive on time and at the stated location to purchase the meals and pick up the Food and (iv) pay the agreed upon price for the Food. You, as a Buyer, agree and acknowledge that, to the extent stated in the Rules, Picobelly Chefs, in their sole discretion, reserve the right to refuse the ordered Food, without refund, if you violate any of the Rules.
6. Relationship between Buyers and Picobelly Chefs. Buyers understand that Picobelly Chefs prepare and provide food in their private home kitchens and all preparation is done out of private home kitchens. Picobelly does not control the quality, safety, or legality of the Food,(including the meals, the ability of Picobelly Chefs to provide meals, or the ability of Buyers to pay for Food. Buyers and Picobelly Chefs each acknowledge that the other is a third party beneficiary of this Agreement, but solely with respect to those provisions.

4. Picobelly’s Legal Disclaimers

1. Compliance with Laws. As noted above, Picobelly Chefs are solely responsible for compliance with all applicable laws, rules, regulations and local ordinances, including without limitation, obtaining necessary permits and/or licenses, including business licenses, alcohol licenses and any other applicable license, compliance with fire codes, zoning ordinances and any required or applicable health and safety rules, regulations or inspections (collectively, “Regulations”), collection and payment of any applicable taxes or other payments that may be applicable to ordering Food. Picobelly makes no representation relating to and does not offer any opinion, recommendation, or advice regarding the legality of, tax implications and liabilities of, or any licenses, permits or other consents that may be necessary to provide any Food. Should you have any questions regarding laws or regulations applicable to providing Food or regarding consents/applications/licenses necessary to provide any Food, you should consult your own legal counsel. You further agree that you, as a Picobelly Chef, are solely responsible for your Food and agree to indemnify, defend and hold harmless Picobelly from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from selling your Food, including any violation of any Regulations, or other taxes and payments which may be applicable to selling your Food.
2. No Identity Verification by Picobelly. You acknowledge and understand that Picobelly does not attempt to confirm, and does not confirm, any user’s (whether Picobelly Chef or Buyer) purported identity. We do not investigate any user’s reputation, conduct, morality, criminal background or verify the information that any user submits to the Site. We do not endorse any persons who use or register for the Services, whether as Buyers or Picobelly Chefs. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users.
3. Release of Liability and Hold Harmless. To the extent permitted under applicable laws, you hereby release Picobelly from any liability related to: (i) any incorrect or inaccurate Content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (ii) the conduct, whether online or offline, of any Picobelly Chef or Buyer; (iii) any injury, loss or damage caused by another user, when ordering Food, any meal, or Content posted on the Services, whether online or offline; and (iv) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services’ users’ communications.

You expressly acknowledge and agree that your use of the site and services is at your sole risk and that, to the maximum extent permitted by applicable law, the site and services and any content or information provided by the site or services are provided “as is” and “as available”, with all faults and without warranty of any kind, and Picobelly hereby disclaims all warranties and conditions with respect to the site and services and any content or information provided by the site or services either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement. Picobelly does not warrant that the site or services or any content provided by the site or services, including any user content, will meet your requirements, that the operation of the site or services will be uninterrupted or error-free, or that defects in the site or services will be corrected. No oral or written information or advice given by type or its authorized representatives will create a warranty.

4. Limitation on Liability. Neither Picobelly, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of use, data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your use of the site or services or arising out of any action taken in response to or as a result of any content or other information available on the site or services, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing will apply even if Picobelly was advised of the possibility of such damages. If you become dissatisfied in any way with the site or services or these terms your sole and exclusive remedy is to stop your use of the site or services. Notwithstanding anything to the contrary contained herein, our (and our suppliers’) liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to fifty euros (€50). The existence of more than one claim will not enlarge this limit. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Picobelly and you.

5. The Site and Services

1. Licenses. Subject to these Terms, Picobelly grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal use. You consent to Picobelly photographing and/or recording your participation in ordering or selling Food (whether you are a Buyer or a Picobelly Chef) and further agree that: (1) any such image, recording or video (collectively “Recording”) will be owned exclusively by Picobelly; (2) to the extent that your name, likeness, biography and / or voice appears in any such Recording, you grant to Picobelly an unrestricted, perpetual, worldwide right to use your Image as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the Site and Services.
2. Restrictions on Use. The rights granted to you in these Terms are subject to the following restrictions: (i) you will not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Site or Services; (ii) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (iii) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such), and any such use is expressly unauthorized; (iv) you will not access the Site or Services in order to build or promote a similar or competitive website, application, or service; and (v) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services will be subject to the Terms. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Picobelly makes no representation that the Site or Services are appropriate for use in locations other than the Netherlands. Picobelly reserves the right in its sole discretion to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice at any time for any reason. You agree that Picobelly will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3. Ownership. Except with respect to your User Content (as defined below), you agree that (i) the Site and Services are and will remain the sole property of Picobelly and is subject to protection under Dutch. and foreign copyright laws and (ii) Picobelly (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the Site and Services. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such Site or Services. The Picobelly name, logo, and the product names associated with the Site or Services belong to Picobelly (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Picobelly (and its licensors, where applicable) reserves all rights not granted in this Agreement.
4. Updates. As detailed further below, Picobelly provides the Site and Services on an “AS-IS” basis. You agree that Picobelly is not obligated to create or provide any support, corrections, maintenance, updates, upgrades, bug fixes, and/or enhancements of the Site or Services (each an “Update”). However, in the event Picobelly decides to offer an Update, you agree that Picobelly may amend these Terms in connection with such Update without specific notice to you other than a written notification upon order checkout (and a box you will have to check) and that your use of the Site or Services following such Update is conditioned upon your acceptance of any revised Terms. By using the Site or Services following an Update, you are representing that you have reviewed the then-current version of the Terms and agree to be bound by such version. All Updates will be governed by the version of these Terms published by Picobelly as of the date you use the Site or Services following such update.
5. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us (“Feedback”) is at your own risk and that Picobelly has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Picobelly a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.

6. User Content

Your User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site or Services. You, and not Picobelly, are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (as defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Picobelly. Because you alone are responsible for your User Content (and not Picobelly), unless explicitly stated otherwise. You may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Picobelly is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Picobelly has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Site or Services. You acknowledge that Picobelly has no obligation to pre-screen User Content, although Picobelly reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason. Please make sure that you only provide information to the services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible by users of the site and services.

License to User Content. You hereby grant, and you represent and warrant that you have the right to grant, to Picobelly an irrevocable, perpetual, non-exclusive, royalty-free, and fully paid, worldwide license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (in whole or in part), and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services and operating and providing the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Ownership. Each user owns its own User Content. By making available your User Content on or in the Site or Services, you represent that you own or have all rights necessary to make available your User Content.

Content Provided by Other Parties. The Site and Services may contain User Content provided by other users or third parties. We are not responsible for and do not control such content. We have the right, but no obligation to review or monitor such content. We do not approve, endorse or make any representations or warranties with respect to such content. You use all such contact at your own risk.

7. Acceptable Use Policy

The following sets forth Picobelly’s “Acceptable Use Policy”:

1. In General. As a condition of use, you agree not to use the Site or Services for any purpose that is prohibited by the Terms or by applicable law. You will not (and will not permit any third party) either (i) take any action or (ii) make available any User Content on or through the Site or Services that: (A) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libelous, deceptive, fraudulent, false, intentionally misleading, pornographic, invasive of another’s privacy, tortious, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual), vulgar, profane or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (C) in violation of any laws, or obligations or restrictions imposed by any third party; (D) constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (E) involves commercial activities and/or sales without Picobelly’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (F) impersonates any person or entity, including any employee or representative of Picobelly, or falsifies or misrepresents yourself or your affiliation with any person or entity; (G) interferes with or attempt to interfere with the proper functioning of the Site or Services or uses the Site or Services in any way not expressly permitted by the Terms; (H) harasses or interferes with another user’s use and enjoyment of the Site or Services; (I) harvests, collects, gathers or assembles information or data regarding other users, including e-mail addresses, without their consent; (J) displays, mirrors, or frames the Site (K) attempts to engage in or engage in, any potentially harmful acts that are directed against the Site or Services, including but not limited to violating or attempting to violate any security features of the Site or Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Site or Services, introducing viruses, worms, or any software intended to damage or alter a computer system or data, interfering with, disrupting, or creating an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks, attempting to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means.
2. Investigations. Picobelly reserve the right (but has no obligation) to monitor or review the Site and Services and User Content at any time, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy, any other provision of the Terms, any applicable law or otherwise create liability for us or any other person.

8. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site or Services. You may terminate your Account at any time, for any reason, by following the instructions on the Site. Picobelly may, in its sole discretion, suspend your rights to use the Site and/or Services and/or suspend, disable, or delete your Account (or any part thereof) at any time for any reason. Upon termination of these Terms, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however, we reserve the right to continue to use your User Content. Picobelly will not have any liability whatsoever to you for any termination of the Terms, including for termination of your Account or deletion of your User Content. All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

DISPUTE RESOLUTION: ARBITRATION, CLASS ACTION WAIVER AND JURISDICTION.

PLEASE READ THIS SECTION CAREFULLY, IT AFFECTS YOUR RIGHTS

Except for a claim by Picobelly of infringement or misappropriation of Picobelly’s intellectual property rights, any and all disputes between you and the Company are subject to mandatory arbitration. We anticipate that most disputes between us can be resolved informally by following the informal dispute resolution process set forth below. In the event that we cannot informally resolve a dispute, then you and Picobelly agree to be bound by the agreement to resolve disputes through the binding arbitration process described in this Section. This agreement to arbitrate is intended to be interpreted broadly. This agreement to arbitrate governs all disputes between us that arise out of or relate to this agreement or the Services, regardless of whether they are based in contract, tort, statute or any other legal theory and expressly includes, but not limited to: (1) claims relating to advertising; (2) claims that arose before this Agreement or any prior agreement; (3) claims that arise after the termination of this Agreement; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class (“Disputes”)

The only Disputes that are not covered by this Section are: (1) small claims actions; (2) claims to enforce intellectual property rights; (3) claims arising out of or relating to unauthorized use of intellectual property, including but not limited to piracy or theft.

1. Informal Dispute Resolution Procedure: Before initiating arbitration, you and Picobelly agree to first make a good faith and reasonable attempt to informally resolve any Dispute. You and Picobelly agree that informal dispute resolution procedures will begin by one party notifying the other in writing of the nature of the dispute. The written notice of dispute shall contain all information reasonably necessary to engage in good faith negotiations. Consumers invoking this section agree to provide information sufficient to identify the Picobelly account at issue as well as the meal and cook at issue, if applicable. If Picobelly invokes this procedure, then it agrees to provide contact information for Dispute Resolution as well as information sufficient to put the consumer on reasonable notice of the nature of the Dispute. The parties agree to negotiate in good faith for at least 30 days following the date of the written notice of dispute. If after that period, the Dispute is not resolved, either party may commence arbitration pursuant to the procedure set forth below. Notices of Dispute should be sent to Witbreuksweg 387E, 7522ZA, Enschede.

9. Miscellaneous Provisions

1. Entire Agreement; Severability; Waiver. These Terms constitute the entire agreement between you and Picobelly, and supersedes all prior and contemporaneous discussions between the parties with respect to the subject matter hereof. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. No failure or delay by Picobelly in exercising any right hereunder will not be deemed a waiver of any other provision or of such provision on any other occasion.
2. Successors; Assignment; Relationship of Parties. This Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms or your rights and obligations hereunder without Picobelly’s prior written consent, and any attempted assignment or transfer in violation of the foregoing will be null and void. Your relationship to Picobelly is that of an independent contractor, and neither party is an agent or partner of the other.
3. Changes to the Terms. The Terms may be updated from time to time for any reason. We will notify you of any changes to our Terms by posting the new Terms here: www.picobelly.com. After we make the change and we will change the “Last Revised” date above. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any). Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Contact details

Contact Information. Picobelly’s contact information for any end-user questions, complaints or claims with respect to the Site of Services is:

Email: info@picobelly.com