VENDOR TERMS AND CONDITIONS

These Vendor Terms of Use ("Terms") outline the terms and conditions for individuals or businesses, referred to as "Vendors" or "Kterers," who offer homemade meals for sale on our platform. Please carefully read and understand these Terms before becoming a Vendor on our platform.

As used in this Agreement, "we," "us," and "KTERINGS INC., “hereinafter referred to as KTERINGS means, the operators of www.kterings.com, and its mobile applications, (the website, site or platform). If there is any conflict between these VENDOR TERMS and the GENERAL TERMS AND CONDITIONS, these Vendor Terms and Conditions agreement shall prevail in any issue as it relates to registered Vendors on the KTERINGS platform.

  1. A. Acceptance of this Agreement directly or indirectly shall include your affirmative action of clicking on “I Accept/I Agree” provided at the end of the Agreement;
  2. B. Agreement shall mean this Vendor Agreement in its entirety and shall include any amendment thereto, from time to time;
  3. C. Customer, shall mean the person who purchases a vendor’s services listed on the platform;
  4. D. Product(s) shall mean the vendor’s homemade meals listed on the website.
  5. E. Selling Price shall mean the agreed price for the purchase of homemade meals.

 

VENDOR ACCOUNTS

Registration on the platform as a Kterer is absolutely free. In order to become a Kterer on the platform, you must create a vendor account by providing accurate and complete information. In order to maintain the safety and integrity of our platform, we conduct a verification process that includes obtaining legal documents such as passports or driver's licenses from individuals interested in becoming KTERERS.

You are solely responsible for maintaining the confidentiality of your vendor account credentials and for any activity that occurs under your account.

You represent and warrant that you have the legal authority and capacity to enter into this agreement and fulfill the obligations as a vendor. You must be at least 18 years old to become a vendor on the platform.

 

VENDOR RESPONSIBILITIES

As a Vendor on our platform, you agree to the following responsibilities:

  • Prepare, package, and deliver homemade meals with the utmost care, ensuring quality and safety.
  • Comply with all applicable local, state, and national laws and regulations related to food preparation, safety, and hygiene.
  • Maintain your vendor profile, including accurate information, photos, and meal listings.
  • Communicate effectively with consumers regarding orders, delivery, and any special instructions.
  • Adhere to KTERINGS policies and guidelines.

 

LISTINGS

As a vendor, you are responsible for creating accurate and detailed product listings for the homemade meal you offer in KTERINGS. The product listings should include relevant information such as descriptions, images, pricing, and any other details necessary for customers to make informed purchase decisions.

You agree to ensure the availability of the homemade meal listed on the platform. You are responsible for fulfilling orders promptly and delivering the purchased homemade meal to the users in a timely manner.

You represent and warrant that the product listings you offer on the platform are authentic and of the stated quality. You are responsible for addressing any disputes or issues related to the authenticity, quality, or condition of the homemade meal sold.

As a vendor, you are responsible for ensuring that your activities on the platform comply with all applicable laws, regulations, and industry standards.

 

LIABILITY AND RESPONSIBILITY

Vendor Liability: Vendors are solely responsible for the preparation, quality, safety, and delivery of the homemade meals they offer on our platform. Vendors must ensure compliance with all relevant laws and regulations. Any issues or disputes related to meals, including food quality or safety, are the sole responsibility of the Vendor.

Consumer Experience: Vendors are responsible for providing a positive and safe experience for consumers who purchase their homemade meals. Consumers may contact the Vendor directly through the KTERINGS platform to address any issues or concerns regarding their orders.

Our Role: KTERINGS acts as an intermediary, connecting Vendors with consumers. We provide a platform for advertising, ordering, and delivery services. KTERINGS does not assume liability for the quality, safety, or delivery of Vendor-offered meals.

 

RULES OF ACCEPTABLE USE

In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).

You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.

You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to transactions facilitated through the use of the services provided on our platform. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this clause.

When using the Service, you must not:

  1. Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
  2. Give any false or misleading information in your Account details.
  3. Permit another person to use the service under your name or on your behalf unless you are a business and such person is authorised by you.
  4. Use the service if we have suspended or banned you from using it.
  5. Send Junk, spam or repetitive messages.
  6. Engage in any illegal or unlawful conduct;
  7. Modify, interfere, intercept, disrupt or hack the Service.
  8. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
  9. Collect any data from the Service other than in accordance with these Terms of Service.
  10. Submit or contribute any User Content (that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as KTERINGS may decide in its absolute discretion.
  11. Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
  12. Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing). 
  13. Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us.
  14. Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  15. Mine data, screen scrape or crawl any part of the Service.

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):

  • immediate, temporary or permanent withdrawal of your right to use our Service;
  • immediate, temporary or permanent removal of any User Content
  • issuing of a warning to you;
  • legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

OUR FEES AND COMMISSIONS

KTERER Fees: KTERERS agree to pay KTERINGS a commission fee equal to 25% of the total transaction value for each homemade food sale facilitated through the Platform.

Customer Service Fee: Customers may be charged a service fee for the use of the Platform, starting at a minimum of $1.99 per transaction. This fee may increase up to 10% of the total transaction value as we deem fit.

Delivery Fee: Customers may be charged a delivery fee based on the distance between the Kterer's location and the Customer's delivery address:

  • 0 - 10 km: Flat rate of $4.99
  • 10 - 20 km: Flat rate of $6.99
  • 20 - 30 km: Flat rate of $8.99

Future Fees: KTERINGS reserves the right to introduce additional fees or modify existing fees in the future. Any such changes will be communicated to users through the Platform.

 

INTELLECTUAL PROPERTY

  1. a. Vendor Content: By uploading or providing any content, including product descriptions, images, or other materials, on the platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, and display the content for the purpose of operating and promoting the platform.

  2. b. Trademarks and Copyrights: You must ensure that the content you provide does not infringe upon the intellectual property rights of any third party. You agree not to use any trademarks, logos, or copyrighted material without obtaining the necessary permissions or licenses.

WAIVER

Failure to enforce compliance with any terms or conditions of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.

SEVERABILITY

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.

GOVERNING LAW

This Agreement shall be interpreted under and governed by the laws of Canada as applied to an agreement made and wholly performed within Canada.