Terms of Service for TopCook

1. Introduction

Welcome to TopCook! These Terms of Service ("Terms") govern your access to and use of the TopCook website, mobile application, and platform services (collectively, the "Platform"), operated by TopCook Ltd ("TopCook", "we", "us", or "our").

By registering for an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Platform.

2. Our Role: The TopCook Marketplace

TopCook provides an online marketplace that connects individuals who want to buy home-cooked meals ("Buyers") with independent cooks who wish to prepare and sell those meals ("Sellers").

TopCook does not prepare, handle, cook, or deliver the food. We simply provide the platform to facilitate the transaction. The contract for the supply and purchase of food is formed strictly between the Buyer and the Seller. TopCook is not responsible for the quality, safety, or legality of the meals provided by Sellers.

3. Account Registration

To use most features of TopCook, you must register for an account.

• You must be at least 18 years old to create an account.
• You must provide accurate, current, and complete information during registration.
• You are responsible for keeping your account password secure. You must notify us immediately of any unauthorized use of your account.

4. For Buyers: Ordering and Dietary Requirements

• Allergens and Dietary Requirements: While Sellers are required to list ingredients and allergens, TopCook cannot guarantee that any meal is completely free of allergens. It is your sole responsibility to review the meal description. If you have a severe food allergy, you must contact the Seller directly through the Platform to confirm the ingredients and preparation environment.
• Placing Orders: When you place an order, you are making an offer to purchase a meal from the Seller. The Seller has the right to accept or decline your order.
• Consumption: You agree to consume the food in a timely manner and follow any reheating or storage instructions provided by the Seller to ensure food safety.

5. For Sellers: Cooking and Compliance

By listing meals on TopCook, you agree to the following strict obligations:

• Legal Compliance: You must comply with all UK food safety laws, including registering your premises with your local authority's Environmental Health department at least 28 days before selling food.
• Hygiene Standards: You must maintain high standards of food hygiene, preparation, and storage, holding a valid Food Hygiene Certificate (Level 2 or higher is recommended).
• Allergen Information (Natasha's Law): You must accurately declare all 14 major allergens present in your meals in your listing descriptions. You must not claim a meal is "allergen-free" unless you can guarantee a sterile environment.
• Accurate Listings: You must ensure that images, descriptions, and prices of your meals are accurate and not misleading.
• Independent Contractor: You act as an independent business. You are not an employee, agent, or partner of TopCook Ltd. You are solely responsible for declaring and paying your own income tax and National Insurance contributions to HMRC.

6. Payments, Fees, and Commission

TopCook uses a third-party payment processor (e.g., Stripe) to handle all transactions securely.

7. Cancellations and Refunds

• Buyer Cancellations: Buyers may cancel an order for a full refund up until the Seller has "Accepted" and begun preparing the order. Once preparation has started, cancellations are not permitted, and refunds are at the discretion of the Seller.
• Seller Cancellations: Sellers may cancel an order if they are unable to fulfill it (e.g., ingredient shortages). In this case, the Buyer will receive a full refund.
• Disputes: If a Buyer is dissatisfied with the quality or safety of a meal, they must raise a dispute through the Platform within 24 hours of delivery. TopCook can mediate the dispute, but the ultimate responsibility for a refund lies with the Seller.

8. Limitation of Liability

To the maximum extent permitted by English law, TopCook Ltd shall not be liable for:

• Any sickness, injury, allergic reaction, or death resulting from the consumption of food purchased through the Platform.
• The acts, omissions, or errors of any Seller or third-party delivery driver.
• Any indirect, consequential, or special damages arising from your use of the Platform.

Nothing in these Terms limits our liability for fraud, fraudulent misrepresentation, or any other liability that cannot be excluded by law.

9. Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, without notice, if you breach these Terms. For Sellers, failure to maintain appropriate food hygiene standards or receiving multiple severe complaints will result in immediate permanent bans from the Platform.

10. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.