Last updated: 20 October 2020
Your use of Our Site and the Services is subject to these terms and conditions together with any additional terms and policies referred to in them (“Our Terms”).
Thank you for choosing YHANGRY, a great place to book a professional service in your home or office.
These terms and conditions of service together with any terms and policies referred to in them (Our Terms) constitute a legally binding agreement between you and YHANGRY Ltd (“YHANGRY”, “we”, “us” or “our”). YHANGRY is a private limited company registered in England and Wales with company No. 11874670.
USE OF OUR SITE
Our Terms govern your use of our website (“Our Site”) and the Services. By using Our Site or the Services, you agree to comply with Our Terms.
Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through YHANGRY for any Professional Service or purchase any Product.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 require YHANGRY to give you certain key information for there to be a legally binding contract between you and us.
You confirm that you are of legal age to access and use Our Site and / or the Services and are of legal capacity to agree to Our Terms. You are not eligible to use the Services if you are under the age of 18. Our Terms apply to individuals only; for any corporate bookings or purchases, please contact us at firstname.lastname@example.org
YHANGRY provides a booking and purchase service (the “Services”). The Services allow you to book a range of Professional services (the “Professional Services”) that are performed in each and every case by independent self-employed professionals (the “Independent Professionals”), and to purchase related goods (the “Products”) that are provided in each and every case by independent retailers (the “Retailers”). In providing the Services, YHANGRY acts as the agent of the Independent Professionals and / or Retailers. YHANGRY has no responsibility for any Professional Services or Products which you book or purchase through us: we are simply involved with the booking and / or purchase process, as well as providing ancillary services (including a telephone booking service) as explained below.
The Services we offer allow you to search through Our Site and purchase Professional Services and / or Products from a number of Independent Professionals and / or Retailers. In enabling you to purchase Professional Services and / or Products through Our Site, we are acting as the commercial agent of those Independent Professionals and / or Retailers. As part of the Services, we also provide some ancillary services such as assisting with customer service issues (again in our capacity as agent for the Independent Professionals and / or Retailers).
However, as stated above, the contract for the purchase of the Professional Services and / or the Products is between you and the Independent Professional and / or the Retailer. This means that it is the Independent Professional or Retailer (not us) who is legally responsible for providing the Professional Services and / or Products to you. However, YHANGRY remains responsible in respect of its obligations to you in accordance with Our Terms, which shall be legally binding. If you have any questions, complaints or requests for refunds, we can be contacted directly at email@example.com. YHANGRY will remain the point of contact for you for customer service questions.
YHANGRY shall, if requested, provide intermediary services between you and an Independent Professional and / or Retailer in connection with customer service or dispute resolution matters.
AGREEMENTS FOR PRODUCTS
When you purchase any Product through us, you will buy directly from the relevant Retailer (not from us) and the contractual relationship in relation to the sale will be only between you and that Retailer. We will not be a party to it. The relevant Retailer will be responsible for the sale, delivery and other after-sale care and our role is limited to acting as commercial agent to conclude the sale by accepting your order, schedule order delivery and collecting your payment on behalf of that Retailer.
Our receipt of full payment from you will discharge your debt to the relevant Retailer in respect of that order. Though we may assist with certain practical issues on behalf of the relevant Retailer, we do not have any contractual obligations to you and you do not have any contractual rights against us regarding any Product sold through us by any Retailer.
BOOKING AND PURCHASE PROCESS
BOOKING PROFESSIONAL SERVICES
You can make a booking through Our Site by choosing a service.
Your payment details will be requested at the time of booking and payment will be collected when you make a booking.
Full payment of the Chef Fee is due at the time of booking the Professional Service with the Independent professional through us. Full details of the prices are referred to below.
The Chef Fee belongs to the Independent Professional who provides the Professional Service. YHANGRY, as the Independent Professional’s agent, collects or arranges for a third party to collect on our behalf, the Chef Fee from you. Our receipt of the full Chef Fee will discharge your debt to the relevant Professional in respect of that booking.
We are appointed by Independent Professionals to conclude bookings on their behalf as their commercial agent. Once we accept your booking on behalf of the Independent Professional, you will receive confirmation of your Booking from us by email.
By making a booking, you are responsible for:
- Full payment of the applicable Chef Fee;
- Ensuring the Independent Professional has access to your Designated Premises which must, in all cases, represent a suitable space in which the Professional Service can be performed, with all appropriate facilities (including adequate lighting and heating); and
- Ensuring the health and safety of the Independent Professional whilst at your Designated Premises.
Products will be ordered on your behalf according to the booking preferences.
After placing an order, you will receive an acknowledgment email that your order has been received and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the relevant Retailer to buy the Product(s) ordered. All orders are subject to availability and acceptance by the relevant Retailer. Where your order is accepted, such acceptance will be confirmed by sending you an email confirmation with the exact value of the order and when it will be delivered or ready for collection (the “Order Confirmation”).
DELIVERY OR COLLECTION OF PRODUCTS
Your order of Product(s) will be fulfilled by the delivery date and window set out in the Order Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address within the United Kingdom you specify when placing your order, unless you opt (if available) to collect it from one of the collection points offered by the relevant Retailer. Your Order Confirmation will include details of the delivery or collection.
Products comprised within the same order cannot be delivered to different addresses. Deliveries cannot be made to PO Boxes.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. The relevant Retailer will not be liable for any breach by you of any such laws.
RISK AND OWNERSHIP
The Product(s) ordered will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
All Chef Fees and / or Product Fees are payable through Our Site, bank transfer or via TransferWise. We collect or arrange collection of payment of Chef Fees on behalf of the Independent Professional, and of Product Fees on behalf of the Retailer. In each case, our receipt of your payment as agent for the Retailer or Independent professional discharges your debt to that Retailer or Independent professional for the amount paid.
We will do what we reasonably can to ensure that all of the information you give us when paying for the Professional Service and / or Product(s) is secure. However, in the absence of negligence on the part of YHANGRY, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
All fees and charges are inclusive of VAT.
The price of Professional Services (each a “Chef Price” and collectively “Chef Prices”) varies according to the type and duration of the Professional Service you book and also the location of the premises you have designated for the Professional Service to be provided to you by the Independent Professional (“Designated Premises”). Chef Prices are set from time to time and the Chef Price you will be required to pay for a specific Professional Service (each a “Chef Fee” and collectively “Chef Fees”) will be determined by reference to the Chef Prices in force at the date when that Chef Service is booked.
Full details of Chef Prices are set out in our Site. Chef Prices are liable to change at any time, but changes will not affect any booking, which you have already made.
The price of Products (each a “Product Price” and collectively “Product Prices”) varies according to the Product selected. Product Prices are set from time to time and the Product Price you will be required to pay for a specific Product (each a “Product Fee” and collectively “Product Fees”) will be determined by reference to the Product Prices in force at the date when that Product was purchased.
Product Prices exclude handling costs, which will be added (at the cost shown) to the total amount due.
Product Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which you have already been sent an Order Confirmation.
In addition to the responsibilities noted above, it is your responsibility to provide complete and accurate information at the time of booking or purchase. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking, an inability of the booked Independent Professional to provide the Professional Service as requested or an inability of the Retailer to provide the Product. Such failure may also result in loss or incorrect delivery of your booking confirmation or Order Confirmation.
ADHERENCE TO GOVERNMENT GUIDELINES FOR COVID-19
It is your responsibility to stay updated with the fluctuating government policies around Covid-19 and to adhere to them. By placing a booking you are assuming full responsibility for any legal ramifications of your booking.
CANCELLATIONS AND REFUNDS
You acknowledge that you do not have any statutory right to cancel a booking made for a Professional Service. However, you have a contractual entitlement to cancel any booking you have made with an Independent Professional through us in the following circumstances and on the described terms.
Subject to the cancellation being a Late Cancellation, if you change your mind about your booking prior to the agreed start time of that booking (the “Booking Time”) then the Independent Professional is willing to treat your booking as cancelled (without requiring payment of all or any part of the applicable Chef Fee and without levying any cancellation fee) if you cancel your booking via Our Site:
- at least seventy-two (72) hours prior to the Booking Time; or
- if the Booking Time falls within seventy-two (72) hours of the time of booking, within ten (10) minutes of placing a booking (the “Grace Period”).
If your cancellation of a booking is:
- within seventy-two (72) hours prior to the Booking Time; or
- after the Grace Period has elapsed,
then we will be entitled to retain one hundred per cent (100%) of the Booking Value because your cancellation represents a Late Cancellation.
You will also be charged the full Booking Value if you:
- Cancel a booking other than as permitted above;
- Attempt to cancel a booking on or after the Booking Time; or
- Fail to receive the groceries and notify us in time for a special redelivery (at your expense); or
- Fail to attend a booking at the Booking Time and/or at the Designated Premises.
A cancellation fee is charged in order to compensate the Independent professional because it is not reasonable to expect the Independent professional to be able to provide a Professional Service at another booking where you cancel with short or no notice.
Cancellation fees may in our absolute discretion be waived where you have been unable to cancel a booking without incurring the cancellation fee for genuine reasons, which were outside of your control. Where cancellation fees are waived by us, we act as an agent of the Independent professional who is the principal in supplying the Professional Service.
If you cancel an order within the expected timeframe, any refund due to you will be processed as soon as possible.
Refunds are made using the same method originally used by you to pay for your purchase, and appear on your statement usually within 5-10 business days.
COVID CANCELLATION AND REFUND POLICY
If a booking has to be cancelled due to a change in government policy with regards to COVID-19, a full refund will be issued up until the delivery of products has taken place. Once products have been delivered we will only refund the original booking value minus the cost of any products that have been delivered.
If a booking has to be cancelled due to a guest or attendee feeling unwell, we will issue a voucher for the full value of the booking minus the cost of any products that have been delivered.
Above does not apply to peak day bookings. They are subject to their own cancellation policy, which would be communicated at the time of booking.
If any Product received as part of your order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make the relevant Retailer aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform the relevant Retailer as soon as possible, preferably in writing, giving your name, address and order reference.
Please note that we have no control over any Retailer or the quality of any of the Products or service the Retailer provides, we do not give any commitment regarding them, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Retailer.
Nothing in this section affects your legal rights.
YHANGRY ACTS ONLY AS AN INTRODUCER
The Services enable those seeking Professional Services to book Bookings with Independent Professionals seeking to provide such Professional Services. Whilst YHANGRY assesses Independent Professionals who wish to provide Professional Services, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Independent Professionals. This is entirely a matter for you. Accordingly, you acknowledge and agree that YHANGRY does not have any obligation to conduct any background checks on any Independent Professional and have no obligation in respect of any service they may provide.
When interacting with any Independent Professional you should exercise caution and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unknown to you.
DISCOUNT CODES AND REFERRALS
We may from time to time create and offer promotional codes and referral codes (together the “Codes”) that can be redeemed against purchases of Professional Services or Products. Codes will only be valid for a period of time stated on or with them.
Codes do not have any cash value. Codes may:
(1) only be used for personal and non-commercial purposes. You can share your unique code with your personal connections via social media where you are the primary content owner. Codes may not be duplicated, sold, transferred, distributed or made available to others online (including through public sites such as coupon sites) or by other means;
(2) not be promoted in any way including via a search engine;
(3) not be exchanged for cash;
(4) only be used once and only one Code may be used per person; and
(5) may be subject to specific terms which will be made available by us, and must only be used in accordance with those terms.
In addition, from time to time we may issue referral codes to allow you to refer friends and family to the Services, and which may reduce the Treatment Fee and / or Product Fee (“Referral Codes”).
Discounts cannot be used in conjunction with any other offers or discounts.
The Services are for your personal and non-commercial use and must only be used for the purposes of inquiring about or making bookings for Professional Services and / or purchasing Products as expressly described above. You must not use Our Site or the Services to do any of the following (each of which is strictly prohibited):
- Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
- Restrict or inhibit any other user from using and enjoying the Services;
- Infringe the privacy rights, property rights, or other civil rights of any person;
- Harass, abuse, threaten or otherwise infringe or violate the rights of Independent Professionals, YHANGRY (including its employees and personnel) or others;
- Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
- Use technology or other means to access our computer network, unauthorised content or non-public spaces;
- Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Services, Our Site’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
- Engage in or encourage others to engage in criminal or unlawful conduct or breach Our Terms including misuse of the Services for unlawful or unauthorised purposes.
You agree not to breach Our Terms in any way, which may result in, among other things, termination or suspension of your access to the Services.
YHANGRY, the YHANGRY logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site or the Services (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law. Nothing in Our Terms grants you any rights in the Site or Services or the content within the same. All rights are reserved.
As noted above, we introduce individuals seeking Professional Services to Independent professionals seeking to provide such Professional Services. We are not liable or responsible for the fulfilment of any booking or the performance of the Independent professional. You acknowledge and agree that we are not responsible for addressing any claims you have as regards any Independent professional or any Professional Services, however we do try to assist by providing the intermediary services around resolving disputes and complaints as mentioned above.
WE CANNOT GUARANTEE OUR SITE OR THE SERVICES
We make no warranty or guarantee that Our Site or any other aspect of the Services is suitable for your intended use, error-free, timely, reliable, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of Our Site or any other aspect of the Services.
Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of YHANGRY, fraud or fraudulent misrepresentation by YHANGRY, or any matter which it would be illegal or unlawful for YHANGRY to exclude or limit, or to attempt or purport to exclude or limit, its liability.
We are not liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.
Whilst we make every effort to ensure that the Services are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of the Services. We reserve the right to suspend or cease the operation of all or part of the Services from time to time at our sole discretion.
Use of Our Site and the Services is on an “as-is” and “as available” basis. To the maximum extent permitted at law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the site or services, or with the delay or inability to use the site or services, or with the provision of or failure to provide the site or services.
You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Services and otherwise from your violation of Our Terms.
MODIFICATION AND TERMINATION
We may modify Our Terms or terminate use of the Services at any time by giving notice to you. If you do not agree to any changes, you must stop using the Services. We may also change, suspend, terminate or discontinue any aspect of the Services including availability of certain features at any time for any reason.
If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.
GOVERNING LAW AND JURISDICTION
You agree that Our Terms for all purposes shall be governed by and construed in accordance with English and Welsh law. You also agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under Our Terms.
Please email firstname.lastname@example.org for any other queries.