Please read these Terms and Conditions (“Terms”) thoroughly, as they are a legally binding
agreement between our “Food Vendors” (You, Your business, employees and subcontractors)
and Oya Space Ltd (“Us”, “We” and “Our”) that govern Your use of the Oya website,
applications and other offerings from Oya (collectively, the “Oya Platform” or “Platform”), Your
relationship with Hosts, and commercial spaces (the “Premises”) that are made available on the
Oya Platform.
The Oya Platform is an online website which allows users (“Hosts” and “Food Vendors”) to list,
search, view, book and manage Premises. Hosts are users who have Premises which Food
Vendors can use/ occupy for the purposes of the “Food Vendor Services”. Food Vendors are
users who will use/ occupy the Premises under a Booking. Oya does not own any “Premises
Listings”, nor are we party to any Bookings entered into directly between Hosts and Food
Vendors.
By signing up for, or otherwise using the Oya Platform, You agree to be bound by these Terms.
We may, in future, make changes to these Terms and Your continued use of the Platform
following these changes will constitute Your agreement of the changes. We will alert You about
any changes by updating the 'Last updated'; date of these Terms, and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review these
Terms to stay informed of updates. If You do not agree to these Terms, then You must
discontinue Your use of the Oya Platform and delete Your account in accordance with clause
10.
For the purpose of these Terms and Conditions, the following definitions shall apply;
1.1 For the purpose of these Terms and Conditions, the following definitions shall apply;
1 . Premises: a commercial space owned or managed by the Host where the Host is willing to grant a Booking to a Food Vendor to facilitate the Food Vendor Services.
2. Premises Listing: the listing on www.oya.co.uk created by the Host that specifies the information of the Premises.
3. Contributions: the content which the Oya Platform enables You to provide.
4. Hosts: those who offer Premises to Food Vendors.
5. Food Vendors: those who will occupy Premises under a Booking.
6. Booking: a Licence to Occupy, Lease or other agreement entered into between the Host and a Food Vendor in respect of the Premises and for the purpose of the Food Vendor Services.
7. Oya Managed Booking: a type of Booking which includes the Services specified in Schedule 1 and allows the Host to pay the Oya Fees in multiple instalments.
8. Self Managed Booking: a type of Booking which includes the Services specified in Schedule 1 and allows the Host to pay the Oya Fees in one instalment.
9. Licence Fee: the charges payable by the Food Vendor to the Host for the use of the Premises.
10. Oya Fee: the charges payable by the Host for the supply of the Services by Oya, as set out in Schedule 1.
11. Residency Option: Premises with dine-in customers and where food can be sold from the Food Vendor to such customers within that Premises.
12. Dine-in Sales: income generated from sales of food through a Residency Option.
13. Revenue Share: commission paid from the Food Vendor to the Host in relation to any Dine-in Sales as agreed from time to time between the Food Vendor and the Host.
14. Services: the services to be provided by Oya, as described in Schedule 1.
15. Food Vendor Services: the cooking and food supply of delivery services, kitchen residencies and production kitchens by the Food Vendor.
16. Business Day: a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
2.1 You must be at least 18 years old and legally capable of entering into binding contracts
to use the Oya Platform.
2.2 You must provide accurate, current and complete information when creating Your
account and update such information as necessary.
2.3 You are responsible for maintaining the confidentiality of Your login credentials.
2.4 Although we have no obligation to monitor any Premises Listings, we shall have the right
to remove or edit any Premises Listings, at any time without notice if in our reasonable
opinion we consider such Premises Listing harmful or in breach of these Legal Terms.
2.5 You may not access the Oya Platform for any purpose other than that for which we make available. The Oya Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Oya Platform, You agree not to:
(a) systematically retrieve data or other content from the Platform to create or
compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
(b) copy, scrape or reverse engineer the Platform, nor copy software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
(c) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(d) upload content that is illegal, defamatory, infringing, or otherwise objectionable;
(e) circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content on the Platform;
(f) use the Platform in a manner inconsistent with any applicable laws or regulations;
(g) interfere with the security or proper functioning of the Platform, nor upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Platform or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the Platform;
(h) engage in unauthorised framing of or linking to the Platform;
(i) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(j) delete the copyright or other proprietary rights notice from any content or Premises Listings;
(k) attempt to impersonate another user or person or use the username of another user;
(l) upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ('gifs'), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
'spyware' or 'passive collection mechanisms' or 'pcms');
(m) interfere with, disrupt, or create an undue burden on the Platform or the
connected networks or services;
(n) attempt to bypass any measures of the Platform designed to prevent or restrict
access to or any portion of the Platform;
(o) except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Platform, or use or launch any unauthorised script or other
software;
(p) make any unauthorised use of the Platform, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or
under false pretences;
(q) use the Platform as part of any effort to compete with us or otherwise use the
Platform for any revenue-generating endeavour or commercial enterprise.
3.1 We shall supply the Services to the Food Vendor from the date on which these Terms
and Conditions were agreed to.
3.2 In supplying the Services, we shall:
(a) perform the Services with reasonable care and skill;
(b) use reasonable endeavours to perform the Services set out in Schedule 1;
(c) appoint various personnel for the Services who shall have authority to
contractually bind Oya on all matters relating to the Services; and
(d) observe all reasonable health and safety rules and regulations and security
requirements that apply at any of the Premises, and which have been
communicated to us, provided that Oya shall not be liable, as a result of such
observation, it is in breach of any of its obligations.
4.1 The Food Vendor shall:
(a) co-operate with Oya in all matters relating to the Services;
(b) appoint a main contact. That person shall have the authority to liaise with us on
all matters relating to the Services;
(c) provide to Oya in a timely manner all documents and such information required
or otherwise reasonably required by Oya in connection with the Services;
(d) obtain and maintain all necessary licences and consents and comply with all
relevant legislation as required to enable Oya to provide the Services;
(e) allow us in a timely manner and at no charge, access to the Premises and other
facilities as and when required;
(f) treat Oya and its employees with dignity and respect at all times;
(g) provide feedback to Oya on all Premises visits within 24 hours of such visit;
(h) respond to all questions from both Oya and the Host within 24 hours;
(i) if the Premises is occupied under a Residency Option, agree to a regular
monthly check in with Oya either in person or on the telephone, at an agreed date and time;
(j) have no engagement with any potential Hosts (whether directly or indirectly)
until our Terms and Conditions have been accepted.
4.2 If our performance of our obligations (including the Services) are prevented or delayed by any act or omission by You then we shall be allowed an extension of time to perform
its obligations equal to the delay caused by the Food Vendor, and Oya shall:
(a) not be liable for any costs, charges or losses sustained or incurred by the Food
Vendor that arise directly or indirectly from such prevention or delay;
(b) be entitled to payment of the Oya Fees despite any such prevention or delay; and
(c) be entitled to recover any reasonable additional costs, charges, or losses Oya
sustains or incurs that arise directly or indirectly from such prevention or delay.
5.1 You shall not, without the prior written consent of Oya, at any time whilst Your account
is live, have a Booking, and for a period of 36 months after termination (by either party)
of these Terms:
(a) solicit, employ or attempt to employ any person who is, or has been, engaged
as an employee, consultant, or subcontractor of Oya; or
(b) deal with or seek the custom of any person that is, or was within the previous
24 months, a client, customer or supplier of Oya.
5.2 Where a Host is introduced to You, You shall not, in any way, attempt to directly or
indirectly do anything to divert, restrict, eliminate, re-direct, or otherwise reduce, limit
or circumvent Oya, the Services or Oya Fees set out in these Terms. For the avoidance of
doubt, this includes viewing a listing on the Oya Platform and our marketing channels.
5.3 Where we have introduced a Host to You, and You wish to enter into an additional or
further Booking at the same, another or additional Premises, then the Host and Food
Vendor will be subject to these Terms and Oya Fees.
5.4 Should a Premises be sold but You wish to remain in the Premises, the Booking is
required to be reassigned to the new Host and shall be subject to these Terms and Oya
Fees. You will remain bound by these Terms for the duration You remain in the
Premises.
5.5 If You are found to be in breach of this clause, Oya will, at our discretion, allow the
Booking to be engaged as an Oya Managed Booking via Oya and the Oya Fees will be
charged monthly in accordance with clause 7 of these terms. If the Booking cannot be
engaged as an Oya Managed Booking, You agree for the Booking to be engaged as a Self
Managed Booking via Oya and the Oya Fees will be charged immediately in accordance
with clause 6 of these terms. Oya reserves the right to charge the highest amount of
Oya Fees due in accordance with Schedule 1, plus a penalty charge of £2,000 + VAT and
all invoices must be cleared in Oya’s bank account within 7 days of receipt.
6.1 We shall retain ownership of all Oya’s IPRs found in our Services, including but not
limited to patents, copyright, trademarks, software, trade dress and all other intellectual
property rights, whether registered or unregistered and including all applications and
rights to apply for and be granted, renewals or extensions of, and rights to claim priority
from, such rights and all similar or equivalent rights or forms of protection which subsist
or will subsist now or in the future in any part of the world.
6.2 Parts of the Oya Platform may invite You to chat, contribute to, provide or share
feedback, or participate in blogs and may provide You with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and7materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other
material (“Contribution(s)”).
6.3 When You create or make available any Contributions, You thereby represent and
warrant that:
(a) The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party;
(b) You are the creator and owner of or have the necessary licences, rights,
consents, releases, and permissions to use and to authorise us, the Platform,
and other users of the Platform to use your Contributions in any manner
contemplated by Oya and these Terms;
(c) You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Services and
these Terms;
(d) Your Contributions are not false, inaccurate, or misleading;
(e) Your Contributions do not violate any applicable law, regulation, or rule, or the
privacy or publicity rights of any third party nor violate, or link to material that
violates, any provision of these Terms.6.4 You acknowledge that by submitting a Contribution in whatever form and through whatever means You agree to assign to Oya, all intellectual property rights to such submission. You grant Oya a worldwide, non-exclusive, royalty free licence to use, reproduce, distribute and display such content in connection with the Oya Platform. You agree that we shall own this submission without acknowledgement or compensation to you.
7.1 Oya Fees.
You agree to pay Oya the Oya Fees in accordance with this clause 7 and
Schedule 1.
(a) Once a Booking is confirmed, a Licence to Occupy, Lease, Letter of Intent or
other agreement is signed and/ or accepted, You agree to pay Oya the Oya Fees.
(b) All amounts payable by the Food Vendor are net of value added tax (VAT), which the Food Vendor shall additionally be liable for, at the prevailing rate, subject to receipt of a valid VAT invoice.
(c) The Oya Fees shall not be altered or re-negotiated unless agreed and managed in writing by us.
(i) If, at any time, the Host and a Food Vendor decide that they wish to make a reduction in any monthly Licence Fees, they must first inform Oya and involve Oya in all such negotiations. Should any Licence Fee reduction be agreed amongst the parties, the Oya Fees payable shall not be altered or reduced.
(ii) If, at any time, the Host and a Food Vendor decide that the wish to
increase any monthly Licence Fee under a Licence to Occupy, they must
first inform Oya and involve Oya in all such negotiations and any Oya
Fees payable to Oya shall increase accordingly with any such increase.
(d) For Oya Managed Bookings, the Food Vendor shall become liable for the Oya
Fees once a Booking is confirmed, a Licence to Occupy, Lease, Letter of Intent
or other agreement is signed and/ or accepted. We will submit invoices for the
Oya Fees plus VAT to the Food Vendor monthly in advance. The Food Vendor
shall pay each invoice due, immediately upon receipt, to our bank account.
(e) For Self Managed Bookings, the Food Vendor shall become liable for the Oya
Fees once a Booking is confirmed, a Licence to Occupy, Lease, Letter of Intent
or other agreement is signed and/ or accepted. We will submit one invoice for
the Oya Fee plus VAT to the Food Vendor once the Booking has been accepted.
The Food Vendor shall pay that invoice due, immediately upon receipt, to our
bank account.
(f) If You fail to make any payment due to Oya by the due date for payment, then,
without limiting Oya's remedies under 9 (Termination):
(i) You shall pay interest on the overdue sum from the due date until
payment is made. Interest under this clause will accrue each day at 4% a
year above the Bank of England's base rate from time to time, but at 4%
a year for any period when that base rate is below 0%.
(ii) Oya may suspend all Services until payment has been made in full.
(g) Should an Oya Managed Booking between the Host and a Food Vendor be
terminated due to the fault of the Food Vendor, any fees due to Oya for the
duration of the original Booking are still deemed payable in full, and will be
invoiced for accordingly at the termination date.
(h) Should an Oya Managed Booking between the Host and a Food Vendor be
terminated by mutual agreement outside of a specific break clause, any fees
due to Oya for the duration of the original Booking are still deemed payable in
full, and will be invoiced for accordingly at the termination date.`
7.2 Licence Fees.
(a) Where an Oya Managed Booking is chosen, the Host will be responsible for
raising an invoice for the Licence Fee on a monthly basis. Oya will collect the
Licence Fee from the Food Vendor in advance of the start of the month, and it
will be paid to the Host one month in arrears.
(b) Where a Self Managed Booking is chosen, the Host will be responsible for
invoicing and collecting the Licence Fees from the Food Vendor.
7.3 Deposits.
Oya may hold a Deposit and Cleaning Deposit for the duration of the Booking,
in accordance with Schedule 1. Oya will return the Food Vendor Deposit and the
Cleaning Deposit in full to the Food Vendor within 14 days of termination of the
Booking, subject to the following circumstances in which case, an amount equal to any
costs incurred by Oya, will be deducted from either the Food Vendor Deposit and/or the
Cleaning Deposit:
(a) a material breach of any term in the Licence to Occupy;
(b) any damage or negligence to any kitchen equipment;
(c) if a deep clean of the Premises is required;
(d) in the event that the Food Vendor loses or damages any keys or fobs;
(e) if any equipment is taken from check in and check out;
(f) if the Food Vendor has not disposed of all equipment or waste from the
Premises
(g) outstanding Oya fees due from Food Vendor and Host
(h) outstanding Licence Fees.
8.1 The Host and Food Vendor may choose a Residency Option, in which case the provisions
of this clause 8 shall apply.
8.2 In the event that a Residency option is used;
(a) any Revenue Share payable by the Food Vendor to the Host shall be agreed
separately between the Food Vendor and the Host and Oya shall not be liable
towards either party in any way;
(b) all Oya Fees payable to Oya by the Host shall remain unaffected and remain due
in accordance with clause 7; and
(c) for Oya managed bookings, the Food Vendor must provide Oya with all Dine-in
sales figures for any Residency Options on a monthly basis within two weeks of
the end of the month, which must also include a breakdown of any Revenue
Share paid by the Food Vendor to the Host.
9.1 Nothing in this clause 9 shall limit Your payment obligations.
9.2 You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable legal fees and
expenses, made by any third party due to or arising out of;
(a) your Contributions;
(b) use of the Platform;
(c) breach of these Terms;
(d) any breach of your representations and warranties set forth in these Terms;
(e) your violation of the rights of a third party, including but not limited to
intellectual property rights; or
(f) any overt harmful act toward any other user of the Services with whom you
connected via the Services.
9.3 Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defence and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defence of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
9.4 Nothing in these Terms limit any liability which cannot legally be limited, including but
not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services
Act 1982 (title and quiet possession).
9.5 Subject to 9.1 and 9.4:
(a) Our liability to You shall not exceed the amount of Oya Fees already paid by You
to Oya;
(b) Your total liability to us shall be the aggregate sum of all Oya Fees payable to
Oya.
9.6 Subject to 9.1 and 9.4, this 9.6 sets out the types of loss that are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
9.7 We have given commitments as to compliance of the Services with relevant
specifications in Schedule 1. In view of these commitments, the terms implied by
sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest
extent permitted by law, excluded from these Terms.
9.8 Unless You notify Oya of Your intentions to make a claim in respect of an event within
the notice period, Oya shall have no liability for that event. The notice period for an
event shall start on the day on which the Food Vendor became, or ought reasonably to
have become, aware of the event having occurred and shall expire 2 months from that
date. The notice must be in writing and must identify the event and the grounds for the
claim in reasonable detail.
9.9 We may assist the Food Vendor and Host with but not limited to finance, utility bills,
VAT and dine in sales enquiries. However, neither Oya nor its employees are acting in
the capacity of accountants, bookkeepers or tax specialists.
9.10 Oya shall not be liable for any costs, charges or losses sustained or incurred that arise
from incorrect or missing information on the Premises listing.
9.11 Oya shall not be liable for any costs, charges or losses sustained or incurred that arise
from your failure to fulfil the Food Vendor’s Obligations.
10.1 These Terms shall remain in full effect while you use the Services. You may terminate
this agreement by discontinuing Your use of the Platform and sending us an email to
info@oya.co.uk to delete Your account.
10.2 We may terminate this agreement if You breach any of these Terms, which we will do
via email and deletion of Your account.
10.3 On termination of this agreement for whatever reason:
(a) You shall immediately pay to Oya all of Oya's outstanding unpaid invoices and
interest and, in respect of Services supplied, or due to be supplied within the
original term of the Booking, but for which no invoice has been submitted, Oya
may submit an invoice, which shall be payable immediately on receipt;
(b) any provision in the Terms that expressly or by implication is intended to come
into or continue in force on or after termination shall remain in full force and
effect; and
(c) any of the rights, remedies, obligations or liabilities of the parties that have
accrued up to the date of termination, including the right to claim damages in
respect of any breach of the Terms which existed at or before the date of
termination shall not be affected;
(d) any of the rights, remedies, obligations or liabilities of the parties in respect of
any Licence to Occupy, Lease, Letter of Intent or other agreements that You
have entered into with a Food Vendor introduced to You by Oya shall not be
affected
11.1 Privacy and Data Protection. Your use of the Oya Platform is also subject to our Privacy
Policy, which outlines how we process personal data and can be found at
www.oya.co.uk. By using the Oya Platform, you agree to be bound by our Privacy Policy,
which is incorporated to these Terms.
11.2 Force majeure. Oya shall not be liable for a delay in performing, or failure to perform,
any of its obligations if such delay or failure is caused from events or circumstances
beyond its reasonable control, including but not limited to acts of God, epidemics,
terrorist attacks, civil war, imposition of sanctions or embargoes, nuclear threat or
collapse of buildings and fire.
11.3 Assignment and other dealings. We may assign or delegate these Terms at any time
without notice to You. You may not assign or delegate any or all of Your obligations
without prior written consent from us.
11.4 Confidentiality.
(a) Each party agrees that it shall not at any time disclose to any person any
confidential information concerning the business, affairs, clients, or suppliers of
the other party except as permitted by this 11.4.
(b) Each party may disclose the other party's confidential information:
(i) to its employees, officers, representatives, contractors, subcontractors
or advisers who need to know such information for the purposes of
carrying out the party's obligations. Each party shall ensure that its
employees, officers, representatives, contractors, subcontractors or
advisers to whom it discloses the other party's confidential information
comply with this 11.4; and
(ii) as may be required by law, a court of competent jurisdiction or any
governmental or regulatory authority.
(c) Neither party shall use any other party's confidential information for any
purpose other than to perform its obligations.11.5 Governing law. The Terms, and any dispute or claim (including non-contractual disputes
or claims) arising out of or in connection with it or its subject matter or formation, shall
be governed by, and construed in accordance with the law of England and Wales.
11.6 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall
have exclusive jurisdiction to settle any dispute or claim (including non-contractual
disputes or claims) arising out of or in connection with the Terms or its subject matter or
formation.
11.7 Changes to Terms and Conditions. We may, in future, make changes to these Terms and
your continued use of the Platform following these changes will constitute your
agreement of the changes. We will alert You about any changes by updating the 'Last
updated' date of these Terms, and You waive any right to receive specific notice of each
such change.
12. Disclaimer
12.1 We reserve the right to change, modify, or remove the contents of the Platform at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on the Platform. We also reserve the right to
modify or discontinue all or part of the Platform or Services without notice at any time.
We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Oya Platform will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Platform, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Platform at any time or
for any reason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use the
Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply
any corrections, updates, or releases in connection therewith.
12.2 The Platform is provided on an as-is and as-available basis. You agree that your use of
the Platform will be at your sole risk. To the fullest extent permitted by law, we disclaim
all warranties, express or implied, in connection with the services and your use thereof,
including, without limitation, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement. We make no warranties or representations
about the accuracy or completeness of the Platform’s content or the content of any
websites or mobile applications linked to the Platform and we will assume no liability or
responsibility for any;
(a) errors, mistakes, or inaccuracies of content and materials;
(b) personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of the Platform;
(c) any unauthorised access to or use of our secure servers and/or any and all
personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from the Platform;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or
through the services by any third party;
(f) and/or any errors or omissions in any content and materials or for any loss or
damage of any kind incurred as a result of the use of any content posted,
transmitted, or otherwise made available via the Platform.
We do not warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the Platform, any hyperlinked
website, or any website or mobile application featured in any banner or other
advertising. As with the purchase of a product or service through any medium or in any
environment, you should use your best judgement and exercise caution where
appropriate.
12.3 Visiting the Platform, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Platform, satisfy any legal requirement that
such communication be in writing. You hereby agree to the use of electronic signatures,
contracts, orders and other records, and to electronic delivery of notices, policies, and
records of transactions initiated or completed by use via the Platform. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other
than electronic means.
12.4 Oya may assist the Food Vendor and Host with but not limited to the drafting of Licence
to Occupy agreements, or financial, VAT and Dine in Sales enquiries. However, neither
Oya nor its employees are acting in the capacity of solicitors, accountants, bookkeepers
or tax specialists. Oya is not providing legal advice. Any templates provided are for
general use only and You are strongly encouraged to seek independent advice before
entering into any agreements, or relying upon any guidance.
Schedule 1 Services
This will form the basis of Your Booking and is chosen by the Host.
Please speak to the team if You are unsure which Booking Type the Host has selected.
Booking Type + Services
Oya Managed
Spread the Oya Fees into monthly instalments and benefit from the following Services;
The supply of vetted professional Kitchen Premises with
Food Safety Certificates, HACCP and which are deep cleaned
prior to the commencement of any Booking;
- The creation of a set of requirements that both the Host and
the Food Vendor must adhere to including the negotiation of
Licence Fee terms, commercial structure and best practice
before Food Vendors enter the Premises;
- The preparation of a Licence to Occupy for every Booking to
be entered into between a Host and a Food Vendor;
- Ensuring that all Food Vendors and Hosts have the
appropriate documentation and agreements in place in
respect of the Food Vendor Services to be provided;
- The secure holding of any Food Vendor deposits;
- The handling of all Licence Fee payments;
- Assistance with menu adjustments, where required, based
on sales figures and customer feedback in respect of the
Food Vendor Services;
- Provision of marketing support for the Food Vendor’s brand
and/or Premises;
- The supply of an account manager for ongoing support
during the term of a Booking;
- Assisting with dispute resolution during the term of a
Booking;
- Provision of support during any Premises handover; and
- Upon termination of a Booking, the sourcing of another
Premises.
Oya will hold a sum from the Food Vendor equal to the sum of 1.5
months Licence Fee plus an additional 20% of that monthly Licence
Fee that the Food Vendor pays to a Host under a Booking, plus a
£500 Cleaning Deposit. This will be returned in accordance with
clause 7.
The Food Vendor shall pay Oya a monthly fee equal to the sum
representing 10% plus VAT of the monthly Booking Fee that the
Host receives from a Food Vendor per calendar month or £200 plus
VAT per calendar month (whichever is higher) for the duration of
this Booking (the “Oya Fee”).
Self Managed
Pay a one off Oya Fee at the start of Your booking and deal with theHost direct. Oya shall provide the following Services;
- The supply of vetted professional Kitchen Premises with
Food Safety Certificates, HACCP and which are deep cleaned
prior to the commencement of any Booking;
- Upon termination of a Booking, the sourcing of another
Premises.
The Food Vendor shall pay Oya a one up front introduction fee of
£500 plus VAT, once the Booking is confirmed (the “Oya Fee”).