OLIO EXCHANGE LIMITED
TERMS AND CONDITIONS
Last updated: June 12, 2017
This document sets out the terms and conditions (“TERMS”) on which you (“YOU or “USER”) may use the OLIO Exchange Limited (“OLIO”) website www.OLIOex.com and the OLIO application (for the purposes of these terms both the website and the application shall be referred to as the “APP”), which facilitates the “SALE” (offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution and other forms of transfer themselves”) and “PURCHASE” (requesting to buy for payment or any other form of transfer, whether free of charge or not) of food or other non-food items (“FOOD AND NON-FOOD ITEMS” or “ITEMS”) through the App’s software service platform (“PLATFORM”).
Please read these terms carefully before committing to use the platform. By using the App, you agree to comply with and be legally bound by the terms and conditions of these terms, whether or not you become a registered user of the services. These terms govern your access to and use of the App and constitute a binding legal agreement between you and OLIO. You are advised to print and retain a copy of these terms for your future reference. These terms may be subject to change from time to time, and accordingly you are advised to refer back to these terms before registering on the App.
Section A contains general provisions which apply to all users of the App. In addition to section A, the provisions of section B will apply to you if you use the App as a “BUYER” (the recipient or intended recipient of an Item or Items offered for Sale) and/or the provisions of section C will apply to you if you use the App as a “SELLER” (a person who offers an Item or Items for Sale).
SECTION A: GENERAL PROVISIONS
- INFORMATION ABOUT OLIO AND THE APP
1.1. The App is owned and managed, operated and maintained by OLIO Exchange Limited (“OLIO”), a company registered in The United Kingdom with company registration number 09428660, and having its registered address at 30E Haslemere Road, N8 9RB, London, United Kingdom.
1.2. OLIO is an online marketplace which allows Users to advertise (“ADD”) Items on its platform for the purpose of making a Sale to other Users. The App also allows Users to search for (“BROWSE”) Items to Purchase. The Users can also create personal OLIO profiles (“PROFILES”), communicate with other OLIO Users, provide feedback on their experiences and use such other Services (“SERVICES”) available on the App from time to time.
1.3. OLIO shall be entitled at its own discretion to suspend the App for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including but not limited to preventing you from using the Platform or using any of the Services available on the App.
1.4. OLIO reserves the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
1.5. OLIO relies on third party providers (such as network providers, data centres and telecommunication providers) to make the App and the content therein and the Services available to you. Whilst OLIO takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that OLIO does not warrant that the App shall be uninterrupted or fault-free at all times. OLIO therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and App as a result of OLIO’s service providers.
1.6. OLIO may be contacted at 30E Haslemere Road, N8 9RB, London, United Kingdom or by email at the address set out in the App.
- PRELIMINARY INFORMATION
2.1. By registering your details with OLIO as a User, you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are at least 18 years old; and
2.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services and Sale of Items.
3.1. In order to browse items or complete a transaction as a Buyer or Seller within the App, you must firstly complete the registration form and set up an account (“Account”) as an OLIO User.
3.2. All registered Users are able to use the App both as a Buyer and a Seller, and are subject to Buyer Terms and Conditions and Seller Terms and Conditions.
3.3. Buyer Terms and Conditions cover requesting Items, for free or for payment. Seller Terms and Conditions cover adding Items, for free or for payment..
3.4. By registering your details and setting up an Account you consent that OLIO has the right to conduct verification and security procedures in respect of the information provided by you online.
3.5. You hereby warrant that the information provided by you to OLIO is true, accurate and correct. You further warrant that you shall promptly notify OLIO in the event of any changes to such information.
3.7. OLIO may give you the opportunity to invite friends to join the App by emailing an invite (whereby you will be required to enter their email addresses), or by contacting friends through their Facebook profiles. OLIO is not liable for any communication that you make via such third party applications, websites or other forms of media.
3.8. You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to OLIO, OLIO reserves the right to promptly disable your Login Details and suspend your access to the App in the event that OLIO has any reason to believe you have breached any of the provisions set out herein.
3.9. Notwithstanding the foregoing, OLIO reserves the right to:
3.9.1. accept or reject your application to register for any reason; and
3.9.2. suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions hereunder.
3.10 No action or inaction on the part of OLIO to exercise its rights in accordance with 3.9.1 and/or 3.9.2 shall be taken as an acceptance of any actions or inactions on your part.
- USER OBLIGATIONS
4.1. You agree that you are solely responsible and liable for all activities carried out by your use of the App including for the content of any communication made through or about the App.
4.2. You shall not submit to appear on the App through your use of the Services, any information, reviews, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether within your personal Profile, when submitting a review in relation to another User or elsewhere on the App that, in OLIO’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
4.2.1. promote racism, bigotry, hatred, homophobia or physical harm of any kind against any group or individual;
4.2.2. harass or advocate harassment of another person;
4.2.3. display pornographic or sexually explicit material;
4.2.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.2.5. promote any illegal activities;
4.2.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.2.7. promote or contain information that you know or believe to be inaccurate, false or misleading;
4.2.9 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of OLIO; or
4.2.10. infringe any rights of any third party.
4.3. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services. You agree that OLIO may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App, and you hereby grant to OLIO a non-exclusive, perpetual, irrevocable, worldwide license to do so.
4.4. You hereby grant to OLIO a non-exclusive, irrevocable license to make the User Submissions available to other Users of the App.
4.5. If you feel that any User Submission made by another User is objectionable, please contact OLIO using the email address set out on the App. OLIO shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all. If a User Submission is deemed to be in violation of these Terms, OLIO reserves the right at its absolute discretion to suspend a User Account.
4.6. You further agree that at all times, you shall:
4.6.1. not use your Login Details with the intent of impersonating another person;
4.6.2. not allow any other person to use your Login Details;
4.6.3. not use the information presented on the App or provided to you by OLIO for any commercial purposes;
4.6.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App or in respect of the network;
4.6.5. not infringe any rights of any third parties;
4.6.6. contact OLIO at the email address set out in the App immediately if you consider any User Submission posted by another User to breach any of the Terms herein;
4.6.7. comply with all instructions and policies from OLIO from time to time in respect of the use of the Platform, the Services and the App;
4.6.8. co-operate with any reasonable security or other checks or requests for information made by OLIO from time to time; and
4.6.9. use the information made available to you on the App and through the Services at your own risk.
4.7. In the event that you have a dispute with any other User of the App, you hereby release OLIO from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
- EXCLUSION OF WARRANTIES AND OLIO’S LIMITATION OF LIABILITY
5.1. Subject to clause 5.4 and 5.5, if OLIO fails to comply with these Terms, OLIO shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If OLIO’s failure to comply with its obligations is not remedied as in this clause 5.1, then OLIO shall only be liable for losses (whether arising on contract, tort (including negligence) or otherwise) which are a reasonably foreseeable consequence of such failure, up to a maximum of one hundred pounds sterling (£100.00).
5.2. Further, you acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by OLIO and to the maximum extent permitted by law, OLIO excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
5.3. OLIO does not verify and does not have any control in respect of any User Submission, or other information made available to you through your use of the Platform, the Services and/or the App. Consequently, OLIO does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your Sale or Purchase of the Food and Non-Food items offered, the Services and/or the App. OLIO advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, the Services and/or the App, you do so at your own risk and liability.
5.4. Subject to clause 5.5, OLIO shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
5.4.1. consequential, indirect or special losses;
5.4.2. loss of profits, income or revenue;
5.4.3. loss of savings or anticipated savings, interest or production;
5.4.4. loss of business or business benefits;
5.4.5. loss of contracts;
5.4.6. loss of opportunity or expectations;
5.4.7. loss of goodwill and/or reputation;
5.4.8. loss of marketing and/or public relations time and/or opportunities;
5.4.9. loss of data; or
5.4.10. loss of management or office time
or any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.5. Nothing in these Terms excludes or limits OLIO’s liability for:
5.5.1. death or personal injury caused by its negligence;
5.5.2. fraud or fraudulent misrepresentation by OLIO; or
5.5.3. any other matter for which it would be illegal for OLIO to exclude or attempt to exclude its liability.
5.6. Commentary and other materials posted on the App or provided by OLIO are not intended to amount to advice on which reliance should be placed. OLIO therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the App, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by OLIO shall remain solely with you.
5.7. OLIO does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. OLIO therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings, including without limitation with regard to the Sale and Purchase of Food and Non-Food Items, with other Users.
- INTELLECTUAL PROPERTY RIGHTS
6.1. OLIO and its licensors own all the intellectual property rights relating to the App, Services and Platform.
6.2. You are expressly prohibited from:
6.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App except for the purposes of sharing content on social media such as Twitter, Facebook, etc.
6.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by OLIO or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of OLIO or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to OLIO.
6.3. Provided that OLIO is unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, OLIO shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or OLIO.
- PRIVACY AND DATA PROTECTION
- FORCE MAJEURE
8.1. OLIO shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
8.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond OLIO’s reasonable control and includes in particular (without limitation) the following:
8.2.1. strikes, lock-outs or other industrial action;
8.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5. impossibility of the use of public or private telecommunications networks; and
8.2.6. the acts, decrees, legislation, regulations or restrictions of any government.
8.3. OLIO’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and OLIO shall have an extension of time for performance for the duration of that period. OLIO will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
- COMPLAINTS AND TERMINATION
9.1. If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by sending OLIO details of your complaint by using the contact details as set out in the App. OLIO will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.
9.2. OLIO may suspend or terminate your use of the Services and/or App if:
9.2.1. any of OLIO’s third party communication network providers cease to make their services available to OLIO for any reason;
9.2.2. OLIO believes you or someone using your login details has failed to comply with one or more of these Terms;
9.2.3. OLIO believes there has been fraudulent use, misuse or abuse of the Services;
9.2.4. OLIO believes you have provided any false, inaccurate or misleading information.
9.3. On termination, your access to the App shall cease and OLIO may delete your Profile.
10.1. If OLIO fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
10.2. A waiver by OLIO of any default shall not constitute a waiver of any subsequent default.
10.3. No waiver by OLIO of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
10.4. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
10.5. OLIO reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.
10.6. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
10.7. These Terms and any document expressly referred to in them represent the entire agreement between you and OLIO in respect of your use of the App and your use of the Platform and the Services, and shall supersede any prior agreement, understanding or arrangement between you and OLIO, whether oral or in writing.
10.8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and OLIO except as expressly set out in these Terms.
10.9. OLIO may alter or amend our Terms by giving you reasonable notice. By continuing to use the App after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the App, you may do so by giving us not less than 7 (seven) day’s written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
10.10. These Terms are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms.
10.11. If any dispute arises in connection with this agreement, the parties will attempt to settle it by correspondence and for business users by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR.
10.12. The mediation will take place in London, England and the language of the mediation will be English. The Mediation Agreement referred to in the Model Procedure shall be governed by, and construed and take effect in accordance with, the substantive law of England and Wales. If the dispute is not settled by mediation within 14 days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be referred to and finally resolved by arbitration. CEDR shall be the appointing body and administer the arbitration. CEDR shall apply the UNCITRAL rules in force at the time the arbitration is initiated. In any arbitration commenced pursuant to this clause, the number of arbitrators shall be one and the seat or legal place of arbitration shall be London, England.
SECTION B: BUYERS TERMS AND CONDITIONS
11.1. Upon registration as a User, and in consideration of your compliance with these terms and conditions, OLIO will provide you with the Buyer Services as described in this section B. You are a Buyer if you request and make arrangements to collect or receive Food and Non-Food Items (for free or for payment) through the App.
- BUYER SERVICES
12.1. Subject to clause 1.4 of Section A above, the Buyer Services will comprise of the following:
12.1.1. the facility to create a Profile page;
12.1.2. the ability to search for Food and Non-Food items offered from Sellers who have registered with the App
12.1.3. the ability to communicate with other Sellers using the App;
12.1.4. the facility to review and/or submit feedback on Sellers;
12.1.5. access to any other features and functionality for the Buyer Services provided by OLIO to Buyers from time to time.
12.2. You acknowledge and agree that all Transactions are subject to acceptance by the Sellers. The contract for fulfilment of a Transaction is created between you and the Seller, which will only be formed once you have received such acceptance. OLIO is not responsible for either party’s performance under such a contract and OLIO makes no guarantee that the obligations of either party under the contract will be fulfilled.
- ADDITIONAL OBLIGATIONS AS A BUYER
13.1. You must at all times use the Buyer Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
13.2. As a Buyer, you are responsible for:
13.2.1. ascertaining the identity of any Sellers;
13.2.2. verifying the Price of any Food or Non-Food Item, which you acknowledge will be determined at the Sellers’s sole discretion;
13.2.3. ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the Seller is, where applicable, registered or licensed as appropriate with the relevant authority. This may include being registered or licensed as a food business;
13.2.4. any review of Seller to be fair, honest and reasonable;
13.2.5. verification of all information provided by the Seller in relation to any food items provided, including the ingredients.
13.3. In using the Buyer Services, you must:
13.3.1. not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
13.3.2. immediately notify OLIO in the event you have any reason to believe or suspect that a Seller has breached any of the terms under Section A or that any Seller Profile is not genuine, or is false, inaccurate and/or incomplete.
- ADDITIONAL EXCLUSION OF WARRANTIES
14.1. You acknowledge and agree that the Services provided by OLIO are limited to providing you with a forum to attempt to source Food and Non-Food Items and connect with Sellers. When you use the BUYER Services, OLIO does not warrant or guarantee:
14.1.1. that you will find Food and Non-Food Items suitable to your specific taste, dietary, needs or other requirements;
14.1.2. the status of any Seller as a business or that they are compliant with any standards set by the relevant food competent authority ( Such as UK: Food Standards Agency; USA: Food and Drugs Administration: Australia/New Zealand: Food Standards Australia New Zealand)
14.1.3. the premises used by a Seller are suitable for cooking and preparing or, where applicable, registered with their local environmental health department;
14.1.4. that the Sellers’ Profiles are genuine;
14.1.5. that any information or documentation made available on a Sellers’s Profile is authentic, valid, accurate or otherwise complete;
14.1.6. the identity of the Seller using the App.
14.2. OLIO is not responsible in any way for the quality or supply of any Food or Non-Food Items by the Sellers. Such items are to be provided by the Sellers on terms and conditions as may be agreed between you and the Seller.
14.3. In the event there is a dispute between you and any Seller, or if the Food or Non-Food Items provided by a Seller are not provided to a satisfactory standard or at all, you agree OLIO is not liable for anything (including but not limited to any loss, damage or personal injury) suffered or incurred by you in the course of receiving such Food or Non-Food Items from a Seller, and you release and hold harmless OLIO from anything you may suffer or any liability in relation to such dispute.
- DONATIONS MADE VIA THE OLIO APP
15.1 DONATIONS GENERAL
15.1.1 The Seller may provide you, the buyer, with the option to make a financial donation prior to the supply of either food or non-food items.
15.1.2 Donations referred to in 15.1.1 may be made solely and directly to OLIO (“Direct donations”) or “split donations” whereby the funds will go to a charity nominated by the Seller with a proportion allocated to OLIO.
15.1.3 All donations referred to in 15.1.1 are handled by Stripe through their secure payments processing website (https://stripe.com/gb) and will attract a payment handling fee determined by them.
15.1.4 When a donation is made via the OLIO App, the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
15.1.5 Before we can process a donation you must provide (i) your name, address and email address; and (ii) details of the credit or debit card that you wish to use to fund the donation. This information is used to process your donation. It is your responsibility to ensure you have provided the correct information.
15.1.6 When you submit your payment details, you are providing them directly to our payment provider, Stripe, and your payment data will be collected and processed securely by them. You should make sure that you are aware of Stripe’s terms and conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a donation. You may find these on their website (https://stripe.com/gb)
15.1.7 These Terms and Conditions apply separately to each single donation that you make and they do not form a contract allowing for future or successive transactions to be set up. By confirming on the OLIO App that you wish to make a donation you agree to be bound by these Terms and Conditions for that donation.
15.1.8 If you make an error in your donation please contact us by email at firstname.lastname@example.org within 5 calendar days and, subject to our review confirming the error, a full refund will be made to you.
15.2 DONATIONS TO OLIO
15.2.1 “Direct donations” comprise two elements: a donation to OLIO and a payment handling fee (which will be taken by the payments handling company Stripe).
15.2.2 Any Seller or Buyer can select the option for a donation to go to OLIO.
15.2.3 The payment handling fee will be determined by Stripe as a percentage of the donation and/or a fixed fee. More information about Stripe’s fees can be found at https://stripe.com/gb/pricing.
15.3 SPLIT DONATIONS
15.3.1 “Split donations” will comprise three elements: a donation to charity, a donation to OLIO and a payment handling fee (which will be taken by the payments handling company Stripe).
15.3.2 The Seller will nominate a charity and will select the proportion of the donation which will go to this charity.
15.3.3 The Seller will nominate the proportion of the donation which will go to OLIO.
15.3.4 More information about Stripe’s fees can be found at https://stripe.com/gb/pricing.
15.3.5 All split donations will be pre-authorised from the Buyer’s payment card and held for 5 calendar days after which the payment will be taken out of the Buyer’s bank account.
SECTION C: SELLER TERMS AND CONDITIONS
If you are a Seller and wish to use the Seller Services, you may do so in accordance with the terms of this Section C. You are a Seller if you add Food or Non-Food Items to the OLIO platform, whether for payment or for free.
Upon registration as a User, in consideration of your compliance with these terms and conditions, OLIO will provide you with the Seller Services as described in this Section C below.
- SELLER SERVICES
16.1. Subject to clause 1.4 of Section A above, the Seller Services will comprise the following:
16.1.1. the facility to create a Profile page (including a photo), which can be accessed by the Buyers;
16.1.2. the ability to advertise Food and Non-Food Items available for Sale;
16.1.3. the ability to set a purchase price (“Price”) payable by the Buyer in respect of any Food or Non-Food Item;
16.1.4.the ability to nominate a Donation or Split Donation
16.1.4. the ability to specify when you are able to supply Items to Buyers and at what location and preferred times;
16.1.5. the ability to post reviews and/or submit feedback about Buyers;
16.1.6. any other features and functionalities of the Seller Services provided by OLIO to you from time to time.
- YOUR ADDITIONAL OBLIGATIONS AS A SELLER
17.1. By choosing to be a Seller and to advertise and supply your Food and Non-Food Items to Buyers through the App, further to the general obligations on you as a User under section A of these Terms, you agree that all information submitted by you, supply of the Food and Non-Food Items, and any other information provided or comments made to Buyers through the App, must:
17.1.1. be accurate, correct and up-to-date;
17.1.2. be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate; if any
17.1.3. not breach any applicable statutory or regulatory requirement, including following good hygiene practice and, where applicable, food safety management procedures based on the standards set by the relevant food competent authority ( Such as UK:Food Standards Agency; USA:Food and Drugs Administration: Australia/New Zealand: Food Standards Australia New Zealand)
17.1.4. not commit an offence by adding for sale any controlled substance (including but not limited to alcohol, solvents, weapons or fireworks) for which you do not hold the relevant license to do so;
17.1.5. not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations; and
17.1.6. not be obscene, defamatory or be in the reasonable view of OLIO deemed to be offensive and/or inappropriate.
17.1.7 not supply any age restricted goods.
17.2. In using the Seller Services you must:
17.2.1. at all times keep all information including without limitation, communication and correspondences between you and the Buyers, and all information relating to the Transaction process secure and confidential;
17.2.2. ensure your use of the Seller Services is personal to you;
17.2.3. immediately notify OLIO in the event you have any reason to believe or suspect that a Buyer has breached any of its Terms.
17.3. You further acknowledge and agree that OLIO may, at its sole discretion, immediately remove your Profile from the App where it reasonably considers that such Profile, any information you have uploaded or Food or Non-Food Items provided, no longer meets the standards that OLIO requires of its Sellers on the App, at its absolute discretion and upon written notice to you.
17.4 Failure by OLIO to exercise its rights under 16.3 should not be taken as acceptance by OLIO of any failure on your part to comply with these terms and conditions.
- ADDITIONAL EXCLUSION OF WARRANTIES
18.1. You acknowledge and agree that OLIO only provides you with the facility to add and supply Food and Non-Food items to Buyers by providing you with the Seller Services. OLIO does not warrant, represent or guarantee that you will find any Buyers to supply Food or Non-Food Items to or achieve any specific results whatsoever.
18.2. You acknowledge and agree that using the Platform through the App may require registration, licensing or approval as a food business with the relevant food authority. OLIO provides information in relation to this area on the App. However, you acknowledge that this is intended as information only and does not constitute advice of any nature. Therefore, it must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action. Your use and reliance on any information on the App shall be at your own risk and we shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such information. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. OLIO shall not be liable to you for any failure by you to comply with any relevant laws and regulations that may apply to you in the use of the Platform through the App.
18.3. You further agree that OLIO does not vet or verify the identity of the Buyers posted on the App. Consequently, OLIO does not warrant or guarantee:
18.3.1. the currentness, completeness, correctness and accuracy of any Buyer’s Profile;
18.3.2. that any Transactions made by Buyers are genuine;
18.3.3. the identity of the Buyers using the App.
18.4. You further acknowledge that OLIO has no control of and therefore has no liability whatsoever in respect of the behaviour, response and quality of the Buyers on the App.
18.5. OLIO provides the Seller Services solely to connect you, the Sellers, with Buyers who may be seeking to buy Food or Non-Food Item from you. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with, Buyers. You, the Seller, hereby indemnify OLIO in full and on demand against all losses, damages, costs, claims and expenses that OLIO incurs (including but not limited to such losses and damages incurred by OLIO in respect of sickness, disease or death of any Buyer arising out of or in connection with your acts or omissions in the use of the Platform) arising out of or in connection with any of your dealings with, or Food or Non-Food Items provided to, Buyers.