Who’s Cookin

Terms of Service & Marketplace Policies

Effective Date: 12/17/2025

These Terms of Service ("Terms") govern the use of the Who’s Cookin Customer App and the Who’s Cookin Kitchen App (collectively, the "Platform"). By accessing or using the Platform, you agree to these Terms. If you do not agree, you may not use the Platform.

Who’s Cookin operates as a marketplace platform, connecting independent kitchens with customers. Who’s Cookin is not a food seller or food service.

1. Platform Role & Scope

A. Who’s Cookin provides technology that allows:

• Kitchens to list, price, and sell food
• Customers to discover, order, and pay for food

B. Who’s Cookin Does Not:

• Prepare, cook, package, or deliver food
• Control kitchen operations
• Guarantee food quality, safety, or compliance

2. Account Registration & Eligibility

A. Customers:

• Must be at least 18 years old (or legal age in your jurisdiction)
• Must provide accurate and current information
• Are responsible for maintaining account security
• Customers to discover, order, and pay for food

B. Kitchens:

• Must be legally permitted to sell food in their jurisdiction
• Are responsible for licenses, permits, and certifications
• Must provide truthful business and menu information

3. Kitchen Responsibilities

• Food preparation, quality, hygiene, and safety
• Compliance with health, food safety, and business laws
• Ingredient accuracy, allergen disclosures, and dietary claims
• Pricing, availability, and fulfillment of orders
• Handling food-related complaints and issues

4. Customer Responsibilities

• Review menu details and allergen information carefully
• Provide accurate delivery and contact information
• Use the Platform for lawful purposes only
• Address food-quality concerns primarily with the Kitchen

5. Orders, Payments & Fees

A. Payments:

• Payments are handled directly between the Customer and Kitchen.
• The Platform allows Customers to view and select payment methods offered by Kitchens.
• Payment may occur off-platform or at order fulfillment, as mutually agreed.

B. Platform Fees:

• Who’s Cookin may charge Kitchens a platform or service fee, clearly disclosed outside of individual transactions.
• Who’s Cookin does not deduct fees from customer payments.

C. Transaction Disclaimer

• Who’s Cookin is not a party to any payment transaction.
• Who’s Cookin does not guarantee payment, fulfillment, or successful completion of any transaction.
• Any payment disputes are solely between the Customer and the Kitchen.

6. Taxes & Marketplace Facilitator Notice

• Kitchens are responsible for determining, collecting, reporting, and paying all applicable taxes unless otherwise required by law.
• In certain jurisdictions, Who’s Cookin may act as a marketplace facilitator and collect/remit taxes on behalf of Kitchens.
• Tax treatment may vary based on location and applicable regulations.
• Who’s Cookin does not provide tax advice.

7. Refunds, Cancellations & Disputes

• Refund and cancellation policies are defined by Kitchens.
• Customers must review these policies before ordering.
• Who’s Cookin may assist with disputes at its discretion but is not obligated to issue refund.

8. Prohibited Activities

• Misrepresent identity or business information
• Violate food safety or health regulations
• Circumvent fees or payment systems
• Use the Platform for unlawful or fraudulent activity
• Harass, threaten, or abuse other user

9. Content & Intellectual Property

• Kitchens retain ownership of content (menus, images, media).
• Kitchens grant Who’s Cookin a license to display, distribute, or modify content as needed for Platform operations.
• Users may not copy or misuse Platform content without permission.
• Who’s Cookin may remove, moderate, or refuse to display content that violates Terms, is unlawful, offensive, or misleading.
• Users are solely responsible for the accuracy, legality, and appropriateness of their content.

10. Ratings, Reviews & Feedback

• Reviews must be honest and lawful.
• Fake or misleading reviews are prohibited
• Who’s Cookin may remove content that violates these Terms.

11. Food Allergy & Health Disclaimer

• Who’s Cookin does not verify allergen, ingredient, or dietary information provided by Kitchens.
• Customers are responsible for confirming allergen information and dietary suitability directly with the Kitchen.
• Who’s Cookin is not liable for allergic reactions, health issues, or other food-related incidents.

12. Delivery / Pickup Liability

• Risk and responsibility for the food transfers from the Kitchen to the Customer at the time of pickup, delivery, or agreed fulfillment location.
• Who’s Cookin is not responsible for accidents, delays, or issues occurring during delivery or pickup.
• Customers and Kitchens must coordinate delivery/pickup logistics independently.

13. No Employment / Partnership Clause

• Kitchens using the Platform are independent entities and are not employees, agents, or partners of Who’s Cookin.
• Who’s Cookin does not control, direct, or supervise Kitchens’ operations.
• Nothing in these Terms creates an employment, joint venture, or partnership relationship between Who’s Cookin and any Kitchen or Customer.

14. Limitation of Liability

• Who’s Cookin is not liable for food quality, allergens, or health issues.
• Who’s Cookin is not responsible for acts or omissions of Kitchens or Customers.
• Use of the Platform is at your own risk.

15. Indemnification

• Breach of these Terms
• Food-related incidents
• Regulatory violations

16. Force Majeure

• Natural disasters, fires, floods, or severe weather
• Power or internet outages
• Third-party service interruptions
• Government actions or legal restrictions

17. App Availability & Downtime

• The Platform is provided “as-is” and Who’s Cookin does not guarantee uninterrupted or error-free service.
• Scheduled maintenance, updates, or emergency fixes may result in temporary unavailability.
• Service interruptions may occur due to internet outages, third-party services, or technical failures.
• Who’s Cookin will make reasonable efforts to minimize downtime but is not liable for losses caused by interruptions.

18. Communication Disclaimer

• Who’s Cookin is not responsible for off-platform communications between Customers and Kitchens.
• Users are responsible for verifying information and coordinating orders outside the Platform if necessary.

19. Age Restrictions For Kitchens

• Kitchens must be of legal age and authorized to operate a food business in their jurisdiction.
• Kitchens are responsible for obtaining all required licenses, permits, and certifications.

20. Assignment & Transfer Of Terms

• Who’s Cookin may assign or transfer these Terms or its rights/obligations in the event of a corporate merger, acquisition, or restructuring.
• Users may not assign or transfer their rights without Who’s Cookin’s written consent.

21. Severability Clause

• If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

22. Arbitration / Dispute Resolution

• Any disputes arising from these Terms should first be resolved through mediation or arbitration before pursuing litigation.
• The venue, governing law, and arbitration process should be agreed upon and documented.
• Who’s Cookin and users agree to participate in good faith to resolve disputes efficiently and fairly.

23. Who’s Cookin – Marketplace Policy Highlights

A. Legal Compliance & Licensing:

• Kitchens must comply with all applicable local, state, and national laws regarding food preparation and sale.
• Includes proper business licenses, registrations, and food handling permits.
• Regulations vary by location; kitchens are responsible for checking what foods they can legally sell.

B. Accurate Listings & Transparency:

• Kitchens must provide truthful, clear, and detailed listings.
• All food items should include accurate photos, descriptions, ingredients, portion sizes, and pricing.
• Misrepresentation, misleading content, or hiding critical information (allergens, dietary restrictions) is prohibited.

C. Food Safety & Quality Responsibility:

• Kitchens are solely responsible for food safety, hygiene, preparation, and packaging.
• Who’s Cookin does not inspect kitchens or verify food quality.

D. Responsibility & Liability in Transactions:

• Transactions are primarily “buyer beware,” meaning both parties must exercise due diligence.
• Kitchens are responsible for fulfilling orders as described.
• Who’s Cookin facilitates connections but is not liable for food quality issues, injuries, or financial disputes.

E. Safe Transactions:

• Kitchens and buyers should coordinate payments and deliveries safely.
• Verified payment methods and secure delivery/pickup locations are recommended.

F. Prohibited Items & Practices:

• Kitchens may not sell illegal or unsafe food products, counterfeit items, or misrepresented dishes.
• Misleading content, fraud, or any activity violating local laws or Who’s Cookin Terms is prohibited.

G. Responsibility & Accountability:

• Kitchens are accountable for operations, compliance with regulations, and customer satisfaction.
• Customers are accountable for ordering responsibly, confirming dietary restrictions/allergens, and exercising care when receiving food.

H. Marketplace Disclaimer:

• Who’s Cookin is a platform connecting kitchens and customers, not a food seller.
• The platform does not guarantee transaction completion, food quality, or safety.
• Users assume responsibility for their own safety, due diligence, and financial actions.

24. Suspension & Termination

• Violations of these Terms
• Legal or regulatory concerns
• Risk to the Platform or users

25. Changes To These Terms

Who’s Cookin may update these Terms from time to time. Continued use of the Platform constitutes acceptance of the updated Terms.

26. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles

Any disputes, claims, or controversies arising out of or relating to these Terms, the Platform, or any transaction on the Platform shall be resolved exclusively in the state or federal courts located in Texas.

By using the Platform, you consent to the personal jurisdiction and venue of these courts and waive any objection based on inconvenient forum or jurisdiction

27. Contact Information

For questions regarding these Terms:
support@whoscookin.com