HIRER TERMS & CONDITIONS

These terms and conditions regulate the business relationship between you and us.

By signing up to the Dineindulge Chefs platform you are agreeing to abide by our terms of business and are deemed to have accepted these terms & conditions.

Parties:

(1) Your business, the user of the Dineindulge Platform (Hirer).

(2) Dineindulge Ltd, Company Number 07015616, Registered Address First Floor Unit 6, Eclipse Office Park, Bristol, BS16 5EL (Dineindulge).

Agreed terms

1. – Interpretation

   1. The definitions and rules of interpretation in this clause apply to this agreement.

      Assignment: shall have the meaning set out in clause 3

      Cancellation Policy: means the policy published by Dineindulge from time to time relating to the cancelling of Shifts.

      Engage: the employment of a Dineindulge Chef or engagement directly or indirectly through any employment business other than through Dineindulge (whether for a definite or indefinite period) as a direct result of any Introduction or Assignment to the Hirer and the terms Engaged or Engagement shall be construed accordingly.

      Expenses: means wages and costs payable in respect of the Dineindulge Chef’s Assignments.

      Accepted Shifts: a Request which a Chef has accepted or which a Hirer has accepted a Dineindulge Chef.

      Material Amendment: an amendment to a Shift which, at Dineindulge’s discretion, requires a Dineindulge Chef’s acceptance (for example, the change of a start time of a Shift)

      Platform: means the website made available to the Hirer via the URL https://ems.dineindulge.co.uk.

      Chef: a Dineindulge chef who uses the Platform.

      Term: has the meaning set out in clause 10.

      Open Shift: a shift which is not accepted by a Chef.

      VAT: value added tax chargeable under the Value Added Tax Act 1994.

      Wages: means the total wage cost payable to all Dineindulge Chefs on any applicable Assignment based on the Timesheets agreed between Dineindulge Chef and Hirers over the Platform and any associated Expenses. Wage Increases: means any increase in Wages or Expenses arising out of an increase in hours, rate of pay, number of staff in respect of an Assignment

2. – Dineindulge’s Obligations

   1. – These terms set out the agreement between Dineindulge and the Hirer for the supply of Chefs which the Hirer can request by opening a Shift on the Platform

   2. – Dineindulge agrees to provide the Platform on which the Hirer can post a Shift for Chefs to respond to

   3. – The Hirer expressly acknowledges that Dineindulge is not providing a guaranteed supply of workers and that Dineindulge does not train the workers on the Platform for Shift work. The Hirer agrees that it is using the Platform to engage with Dineindulge Chefs for shift work but that there is no guarantee that any chef will be appropriate for any shift.

   4. – The Hirer hereby acknowledges that the Platform is provided on an as is basis and that Dineindulge Chefs are recruited based on their ability as private chefs. Dineindulge shall not be held liable for the acts or omissions of any Dineindulge Chef or their ability or appropriateness to work any Shift.

3. – Hirer’s Obligations

   1. – When creating a shift for the provision of a Dineindulge chef to perform certain services (Assignment), the Hirer will give details via the Platform of:

      1. the position which the Hirer seeks to fill, including the type of work the Chef in that position would be required to do, the location at which, and the hours during which, the Chef would be required to work, and any risk to health or safety known to the Hirer and what steps the Hirer has taken to prevent or control such risks; and
      2. the experience, training, qualifications and any authorisation which the Hirer considers are necessary, or which are required by law, or by any professional body, for the Chef to possess in order to work in the position; and
      3. any other relevant details reasonably required by a Chef to fulfil a Request including, but not limited to, travel requirements, dress code and any relevant codes of conduct, rules or other expectations on the behaviour or actions of the Chef.

   2. – The Hirer undertakes, warrants and represents that it shall not under any circumstances:

      1. engage in any discriminatory, abusive or harassing behaviour in respect of any Chef;
      2. contact any Chef other than via the Platform;
      3. use the Platform for any other purpose other than to create Shifts; or
      4. attempt to circumvent or use any feature of the Platform otherwise than in the ordinary course of making a Shift to the detriment of the security or reliability of the Platform or to the detriment of Dineindulge or any Chef.

   3. – The Hirer undertakes, warrants and represents that it shall:

      1. take all necessary steps to ensure the safety of any Chef on an Assignment; and
      2. take all necessary steps to prevent discrimination, bullying and harassment of all Chefs on an Assignment;
      3. act in a fair, kind and respectful way to all Chefs; and
      4. act in good faith at all times when using the Platform, making Shifts and in its dealings with Chefs.

   4. – The Hirer undertakes that it shall keep its Platform login credentials safe and secure and that it is reasonable for Dineindulge to rely on all acts taken on a logged in Hirer account and the Hirer hereby waives any claim it may have against Dineindulge whether under contract or tort in respect of any actions taken by any third party who has gained access to a Hirer account.

   5. – The Hirer acknowledges that, when Chefs are on Assignments with the Hirer, then the Chef is under the direction and control of the Hirer and as such, the Hirer shall maintain sufficient liability insurance to indemnify the Hirer against any claims, losses, damages or expenses arising out any claim against Dineindulge or the Hirer for by a Chef for any incident or issue arising during an Assignment, including but not limited to death, personal injury, stress or harassment or any other physical or psychological harm.

4. – Shifts

   1. – The Hirer acknowledges that by making a Shift via the Platform, the Hirer is irrevocably agreeing to pay the Wages for all Chefs who accept unless:

      1. no Chef applies to or accepts a Shift;
      2. the Hirer cancels the Shift in which case the Cancellation Policy shall apply; or
      3. the Chef does not report for the Assignment provided that if the Chef reports for part of the Assignment, then the Hirer shall pay for the relevant proportion of the Assignment that each Chef reported for.

5. – Introduction Fees

   1. – If the Hirer Engages with a Dineindulge Chef, outside of the platform, then it shall pay to Dineindulge an Introduction Fee

      1. if the engagement is for a temporary contract then the Hirer will pay Dineindulge a sum of 20% of the value of all wages paid to the chef for the duration of that contract
      2. if the engagement results in the Hirer offering the Chef a permanent position to work for them directly then the Hirer will pay Dineindulge a fee of 20% of the Chef’s annual salary as offered by the Hirer to the Chef in the terms of employment

6. – Quality control

   1. – The Hirer acknowledges that:

      1. the Platform is a collection of Dineindulge private chefs and uses feedback from Dineindulge events and other data to access the ability of its chefs, but this is not a guarantee that any chef is competent at any type of Shift work;
      2. Dineindulge provides no training whatsoever to Dineindulge chefs in relation to Shift work; and, to the fullest extent permissible by law, Dineindulge hereby excludes all liability arising out of the Hirer’s reliance on a Chef or the quality of any chef.

   2. – To the fullest extent permissible by law, the Hirer waives its rights to claim a refund in respect of any Dineindulge Chef provided that the Chef reports to an Assignment and the Hirer recognises that its sole remedy in respect of the quality of a Chef is to give the relevant Chef negative Feedback.

   3. – Dineindulge gives no guarantee that any Shift will be fulfilled with a Dineindulge Chef and the Hirer accepts all risk for any cancellations by Chefs or Unfulfilled Shifts.

7. – Dineindulge Chef’s Wages

   1. – The Hirer may not oblige Chefs to work different hours to the hours contained in any Shift however, the Hirer may agree with a Chef (before or during an Assignment) a variation to those hours and in the event that a Hirer and a Chef come to such an Agreement, then the Hirer undertakes to pay for the Chef Wages in accordance with clause 7.2 below.

   2. – The Hirer will pay Dineindulge all Wages in respect of Chefs. The Wages comprise the Chef’s pay and Expenses. When making a Shift or any amendment to a Shift, the Hirer shall choose their own Wages and the total Wages payable in respect of an Assignment shall be calculated accordingly by the Platform including any Wage Increases. The following conditions apply to the Chef Wages:

      1. they are calculated according to the number of hours worked by the Chef (to the nearest quarter hour);
      2. the Hirer shall, after the Assignment, provide confirmation via the Platform of the hours that each Chef worked on the Assignment NO LATER than 8.59am on the Thursday following the week the Shift occurred in and the Hirer:
         (i) undertakes that it shall provide any such confirmation in good faith and take all necessary steps to ensure that the confirmation is accurate; and
         (ii) acknowledges that if the Hirer does not provide this confirmation by 8.59am on the Thursday following the week the Shift occurred in, then Dineindulge shall be entitled to rely on the Chef’s timesheets and the Hirer undertakes to pay the Wages in accordance with those Chef’s timesheets.

   3. – All Wages paid to Dineindulge shall be exclusive of VAT and the Hirer shall pay to Dineindulge any applicable VAT as should be deemed payable or as should become payable from time to time.

8. – Cancellation Policy

   1. – If a Hirer makes a Material Amendment to a Shift, then the following shall apply:

      1. Material Amendments may be made to any Open Shifts at any time; and
      2. In respect of any Accepted Shifts, any Material Amendments may be made more than 48 hours from to the start time of the Shift, but the Chef assigned is under no obligation to accept them. If they reject these amendments, then the Shift will be made Open again, but the Hirer acknowledges that there is no guarantee that the shift will then be Accepted by another Chef; and
      3. No Material Amendments can be made to an Accepted Shift less that 48 hours from the start time of the Shift, but a request can be made to make a Material Amendment by contacting Dineindulge directly via email or phone. If rejected by Dineindulge, then that the Cancellation Policy shall apply in accordance with clause 8.2 below

   2. – If a Hirer wishes to cancel a Shift less than 48 hours before it’s start time, then the Hirer will be liable to pay the full wages and Dineindulge fee for the Chef hours due to take place in that Shift.

9. – Term

   1. – This agreement shall commence on the date on which the Hirer signs up for an account on the Platform and continue for as long as a Hirer has an account on the Platform (the Term).

   2. – Dineindulge reserves the right to suspend or remove a Hirer’s access to the Platform at any time if, in Dineindulge’s absolute discretion, Dineindulge considers that the Hirer is, or is likely to be, in breach of this Agreement.

10. – Intellectual Property

    1. – By opening an account, the Hirer hereby grants to Dineindulge, a nonexclusive, perpetual, irrevocable, royalty free, worldwide licence to use the Hirer’s name and any of its trade marks, materials uploaded to the platform, trading names or intellectual property rights in any of the same in order to promote the Platform at Dineindulge’s sole discretion.

11. – Indemnities and Insurance

    1. – The Hirer shall indemnify Dineindulge for all liability, assessment or claim arising out of any claim against Dineindulge by a Chef or any third party for any incident or issue arising during an Assignment, including but not limited to death, personal injury, stress, bullying or harassment or any other physical or psychological harm.

12. – Limitation of Liability

    1. – Under no circumstances shall Dineindulge be liable to the Hirer for:

       1. loss of profit,
       2. loss of data,
       3. loss of business or goodwill; or
       4. any indirect or consequential loss or special damage arising in connection with this Agreement (in each case whether arising from negligence, breach of contract, equity, statute or otherwise).
    2. – Nothing in this clause shall limit or exclude any liability for fraud, death, personal injury or any other loss which cannot be excluded by law.
    3. – Dineindulge’s liability for any claim arising in connection with this Agreement shall be limited to a sum equivalent to 100% of the value of the Shift due to be paid by the Hirer to Dineindulge for that Shift.

13. – Entire agreement

    1. – This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

14. – Governing law

    1. – This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15. – Jurisdiction

    1. – Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

16. – Force majeure

    1. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement, including payment, if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

17. – Severance

    1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement