Term & conditions


Welcome to Omelet App (“Omelet app”, “we” or “us”) website located

at www.omeletap.com and/or a subdomain (https://omeletapp.azurewebsites.net/home)thereof (“Site”).

Omelet app currently operates as product of Gigabyte consultancy registered in Netherlands with KVK number (72287225).

What does our company products stand for?

That delicious homemade food you’d like to order for yourself.

Food with quality ingredients, made with love, and healthy to eat multiple times a week.

Please read these Terms of Service (“Terms”) carefully because they govern your use of our Site and our services accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services”.

1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you do not agree to the Terms, you are not authorized to access or otherwise use the Services.

2. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

3. Changes to the Terms or Services
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site and App or through other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Our Services (Customers)

(a) We provide an online marketplace that enables Account holders who prepare home-cooked meals (each, a “Meal”) (“HomeCooks”) to sell such Meals to Account holders who wish to purchase them (“Neighbours”). We do not sell Meals.

(b) We hold quality standards in high regard and want to make sure that both HomeCooks and Neighbours get the best experience from using our Services. For this purpose, we have a process in place to screen HomeCooks for quality and compliance with food safety standards, as described in the Hygiene Polity. However, we do not conduct background checks, vet or otherwise verify the identity, integrity, or trustworthiness of HomeCooks or any other Users. We also do not guarantee the quality or safety of the Meals provided by HomeCooks, We encourage you to exercise diligence and caution in all your interactions with other users when using the Services.
(c) You acknowledge and agree that Neighbours and HomeCooks are independent individuals acting at their own accord, at their own expense, through their own resources, and at their own risk.

5. HomeCook Account (Chefs)
The following terms apply if you want to create an Account as a HomeCook(Chefs):

(a) To create an account as a HomeCook you agree to submit to an in-person visit your home kitchen or online visit in which you will prepare the Meals (“Home Kitchen”), as well as to an in-person interview and/or a sample test. In addition, you may be required to provide information on your qualification as a home-cook and the meals you intend to offer for sale (such as list of ingredients and other information that may be of interest to Neighbours).

(b)  The title “Approved HomeCook” is granted to HomeCook applicants who meet our own internal safety and quality standards, and have passed our HomeCook onboarding processes, described in section 5(a) above.
(c) Upon approval of your HomeCook Account, you will be allowed to complete your profile on the Services and start offering Meals for sale.


6. Terms Specific to HomeCooks 
If you are a HomeCook, you agree to the following terms:


(a)
 You agree to only offer to sell Meals through the Services that are made at the Home Kitchen visited by us in accordance with Section 5 above. You must update your Account to register a change of Home Kitchen as soon as reasonably possible. This change will prompt us to visit your new Home Kitchen. You agree not to sell Meals prepared at your new Home Kitchen unless and until the new Home Kitchen has been visited by us (The visit can be done online with video chat apps).

(b) You agree to personally (i) buy the ingredients for the Meals you offer to sell via the Services, and (ii) cook such Meals. You will not engage third-party services, with or without pay, for the purpose of preparing the Meals. You are responsible for all costs and expenses related to the preparation of the Meals and your use of the Services, including, without limitation, cooking tools and equipment, and ingredients.

(c) In order to maintain uniformity across the Services, we will provide you with guidelines for Meal size, portion configuration and photography guidelines for the Meals.

(d) You acknowledge and agree that Neighbours who purchase your Meals may provide public feedback about you and your Meals which may be visible to all users of the Services, and that you may not be given the opportunity to respond to such feedback. Such feedback may be in the form of star ratings, individual comments, and/or any other feedback mechanism that we make available on the Services at our sole discretion. You further acknowledge and agree that such feedback may be provided by Neighbours in person or on other digital platforms.

(e) You agree to comply at all times with all standards of quality, safety and cleanliness required by us and communicated periodically to you via the Services.

(f) As long as you comply with these Terms, you have the ultimate control over how frequently you prepare your Meals, when you prepare them, how you offer them for sale and how you prepare them in terms of recipe, groceries, materials used, and preparation process.

(g) You agree to comply with all commitments you make when you offer your Meals for sale through the Services, including the types of Meals you offer, the price of the Meal, and the date, time, and place at which it is being offered for pickup and delivery.

(e) You are solely responsible for calculating, collecting, and remitting any and all applicable taxes and other fees or payments, and completing and filing all necessary reports that may be applicable to you and your use of the Services. We are not your tax or legal advisor and we have no obligation to calculate, collect, and remit taxes or other fees and payments, or make any filings or submit reports, on your behalf. You are encouraged to seek the advice of legal, tax, or other professional counsel as regards your use of the Services.

7. Payment and Fees
(a) To use the Service, you pay on average 20% of your retail price to Omelet app as commission, this amount will be added to your asking price and the total amount will be shown on the app.

(c) You will receive the payment for the meals you’ve sold on the 30th of each month. If you earn 500 euro earlier than this date then you can send us a request for payment.

8. Hygiene

(a) Is very important and obvious that you take good hygiene into account.

If you cook for Omelet app, you are required to follow our Hygiene Guidelines.  Together, we make sure that we do not endanger the health of our consumers.
(b) We recommend that you get a HACCP certificate as soon as you can, but it is not mandatory for starting with Omelet app.

(c) If you get ill you should immediately stop cooking until you are certain that you are free from any contagious diseases, and you feel well again. We ask you to take this very seriously, as failure to adhere to this request could have legal consequences for you.

In addition, we advise you not to cook for two days in case of a flu or similar, to make sure that the virus has run it’s course.

You can call our phone number until 3 pm in the event of sickness, to keep us informed.
(d) If you get Corona virus, please call us on 06 – 82 90 36 55.

Based on the guidelines of the GGD, we will see if we need to inform your customers. If we do inform them please be assured that we do not mention your name, due to privacy guidelines.

9. Register KvK
You need to register with the KvK as self-employed if you are going to make home cooking the main source of your income.

10. Content Ownership, Responsibility and Removal
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any and all Content that you submit to or provide to made available through the Services.

(b) Our Content Ownership. Omelet app does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Omelet app and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the Netherlands and European union. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Omelet app a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content, including for advertising and marketing purposes in any media or platform.

(d) Your Responsibility for User Content. You are solely responsible for your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Omelet app on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You acknowledge and agree that while Omelet app has no obligation to vet, monitor, or control User Content, Omelet app reserves the right to refuse publishing certain User Content and/or remove any User Content at its sole and absolute discretion, with or without cause. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

(e) Removal of User Content. You can remove your User Content by specifically deleting it or contacting Helllo@Omelet.com. However, in certain instances, some of your User Content (such as reviews you submit) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(f) Meal Photos. If you are a HomeCook, when we visit your Home Kitchen, we may offer to take professional photographs of the meals you intend to offer for sale (“Meal Photos”), which we make available to you for use on the Services. You acknowledge and agree that Omelet app exclusively owns all right, title and interest in and to the Meal Photos, including all associated intellectual property rights. Subject to your compliance with these Terms, Omelet app grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to use the Meal Photos solely on the Services and in connection with your HomeCook Account. You agree not to use the Meal Photos for any purpose outside the Services. You further agree to stop using the Meal Photos if they no longer accurately represent the Meals you are offering for sale.

(g) Rights in Content Granted by Omelet app. Subject to your compliance with these Terms, Omelet app grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.


11. Independent Relationship
You acknowledge and agree that you and Omelet app are not entering into an employment agreement, joint venture, partnership, or other relationship which gives rise to any rights and obligations other than those explicitly laid out in these Terms, and nothing in these Terms shall be construed as creating such a relationship between you and Omelet app. You and Omelet app are also not entering into an agency agreement, other than to the exclusive, limited extent of us acting as the HomeCook’s limited payment collection agent. You and Omelet app are acting on an independent, basis. You may not incur any obligations on behalf of Omelet app, you may not bind Omelet app, and you may not hold yourself out as representing Omelet app in any capacity or manner.

12. Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@Omeletapp.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

13. Contact Information

If you have any questions about these Terms or the Services, please contact Omelet app at hello@Omeletapp.com.