1. Acceptance of These Terms
By creating an account, browsing, listing, ordering, or otherwise using the DishNear mobile application ("DishNear," "the Platform," "we," "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, you must not use the Platform.
These Terms apply to all users, whether using DishNear to prepare and sell food ("Cooks") or to browse and purchase food ("Customers"). A single account may act as both.
2. What DishNear Is — and Is Not
DishNear is a technology platform that enables Cooks and Customers to find each other, communicate, and arrange the sale and pickup of home-prepared food within their local area.
DishNear does not, at any point:
- prepare, cook, handle, store, package, inspect, transport, or deliver any food;
- take ownership of, or title to, any food listed or sold through the Platform;
- act as a food business, caterer, restaurant, or seller of food in its own right;
- guarantee the quality, safety, hygiene, accuracy of description, fitness for consumption, or legality of any food listed by a Cook.
Each transaction for food is a direct transaction between a Cook and a Customer. DishNear is not a party to that transaction. DishNear's role is limited to providing the software, discovery, messaging, and (where applicable) order-management tools that enable Cooks and Customers to connect and transact with each other.
3. Eligibility and Account Responsibilities
3.1. You must be at least 18 years old and capable of forming a binding contract under Australian law to use DishNear.
3.2. You are responsible for the accuracy of the information in your account, including your name, the email address you use to sign in, and (for Cooks) your kitchen and dish information.
3.3. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
4. Cook Obligations
By listing or selling food on DishNear, a Cook represents, warrants, and agrees that they:
4.1. Hold all licences, permits, and registrations required by applicable law to prepare and sell food from their location, including any applicable local council food business registration and/or state or territory food authority requirements (such as the NSW Food Authority, or the equivalent body in whichever state or territory the Cook operates in), and will maintain these for as long as they use the Platform;
4.2. Will prepare, handle, and store food safely, in compliance with the Food Standards Australia New Zealand (FSANZ) Code and all applicable state and local food safety laws;
4.3. Will provide accurate and complete information about each dish, including ingredients, known allergens, and dietary attributes (e.g. halal, vegan, gluten-free), to the best of their knowledge, recognising that Customers rely on this information to make safe choices;
4.4. Are solely responsible for the food they prepare and sell, including its safety, quality, and fitness for consumption, and for any harm, illness, injury, loss, or damage arising from it;
4.5. Will comply with all applicable laws in operating what may constitute a home-based food business, and acknowledge that DishNear does not verify, audit, or guarantee a Cook's compliance with such laws;
4.6. Will not use the Platform to list or sell anything other than food prepared in accordance with these Terms and applicable law;
4.7. Will not list or sell alcohol of any kind unless the Cook holds all licences required to do so (including any applicable liquor licence and Responsible Service of Alcohol certification), nor list or sell any illegal, prohibited, restricted, or controlled substance or item of any kind.
5. Customer Acknowledgment
By ordering food through DishNear, a Customer acknowledges and agrees that:
5.1. They are purchasing food directly from an independent Cook, not from DishNear;
5.2. DishNear has not prepared, inspected, or verified the food, the Cook's kitchen, or the Cook's compliance with food safety or business registration requirements;
5.3. They are responsible for reviewing dish descriptions, ingredients, and allergen information provided by the Cook, and for communicating any allergies, intolerances, or dietary requirements directly to the Cook before ordering;
5.4. Food prepared in a home kitchen setting may carry different risks than food from a commercially licensed restaurant, and they accept this risk when choosing to order through the Platform;
5.5. Any dispute, claim, illness, injury, or loss arising from the food itself is a matter between the Customer and the Cook, and not with DishNear.
6. Fees
6.1. DishNear charges Cooks a platform fee equal to 5% (GST-inclusive) of the value of each fulfilled order, deducted automatically from the Cook's pre-purchased credit balance at the time an order is completed.
6.2. This fee is charged only for orders successfully fulfilled through the Platform. DishNear does not charge Customers directly, and does not process, hold, or take any percentage of the payment made by a Customer to a Cook — that payment is arranged and settled directly between Cook and Customer, outside the Platform, unless and until DishNear introduces in-platform payments (in which case these Terms will be updated).
6.3. New Cooks may receive an introductory period during which platform fees are waived, as displayed in the app at the time of signup.
6.4. Cooks are responsible for topping up their credit balance in order to continue receiving and fulfilling orders. DishNear may offer automatic top-up using a Cook's stored payment method, which the Cook may enable or disable at any time.
6.5. All fees are non-refundable except as required by law or as otherwise stated in these Terms.
7. Indemnification
To the maximum extent permitted by law, each user (whether acting as a Cook or a Customer) agrees to indemnify, defend, and hold harmless DishNear, its officers, employees, and agents, from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
7.1. any food prepared, listed, sold, purchased, or consumed through the Platform, including any illness, injury, allergic reaction, or death;
7.2. any breach of these Terms by that user;
7.3. any violation of applicable law by that user, including food safety, business registration, or consumer protection law;
7.4. any dispute between a Cook and a Customer;
7.5. that user's use of, or conduct on, the Platform.
8. Disclaimer of Warranties
8.1. The Platform is provided "as is" and "as available", without warranties of any kind, whether express or implied, except as required by law.
8.2. DishNear does not warrant that the Platform will be uninterrupted, error-free, or secure, or that any Cook or Customer will act lawfully, safely, or as represented.
8.3. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (or any other applicable law) that cannot lawfully be excluded, restricted, or modified. Where such a guarantee applies and cannot be excluded, DishNear's liability is limited (to the extent permitted by law) to the resupply of the relevant service or the cost of having it resupplied.
8.4. To the fullest extent permitted by law, DishNear disclaims any and all liability or responsibility for the acts, omissions, or conduct of any Cook, Customer, or other third party in connection with the Platform, including but not limited to the preparation, description, sale, purchase, pickup, or consumption of any food, and any statements made between users in chat or otherwise. Any risk arising from interacting or transacting with another user is assumed entirely by the user who chooses to do so.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, DishNear's total liability to any user arising out of or in connection with the Platform, however arising (including negligence), is limited to the total platform fees paid by that user (if a Cook) in the twelve (12) months preceding the claim, or AUD $100, whichever is greater.
9.2. DishNear is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, arising from use of the Platform.
9.3. Nothing in this section limits liability for death or personal injury caused by DishNear's own negligence, fraud, or any other liability that cannot lawfully be limited or excluded.
10. Disputes Between Users
10.1. DishNear provides in-app tools (such as order-scoped chat, ratings, and a cancellation process) to help Cooks and Customers communicate and resolve issues directly.
10.2. DishNear is not obligated to mediate, investigate, or resolve disputes between users, but may, at its discretion, take actions such as suspending or terminating an account in response to a dispute or reported conduct.
10.3. DishNear does not process payment between Cooks and Customers, holds no funds on their behalf, and accordingly does not provide refunds for any transaction between them. Any complaint, concern, or request for a refund relating to an order — including its price, quality, accuracy, or fulfilment — must be raised by the Customer directly with the Cook, and by the Cook directly with the Customer. This is consistent with the way established peer-to-peer marketplaces that do not process payment between users (rather than marketplaces that do) typically operate.
11. Cancellations
Order cancellation is governed by the process described within the app at the time of ordering, including applicable cancellation windows, cook/customer request-and-response steps, and any rating consequences for cook-initiated cancellations after acceptance.
12. User Conduct
Users must not:
- list, request, or attempt to arrange the sale of anything other than properly prepared food in accordance with these Terms;
- use the Platform for any unlawful purpose;
- harass, threaten, or abuse another user;
- attempt to circumvent, disable, or interfere with the Platform's security or functionality;
- misrepresent their identity, food, kitchen, or compliance with applicable law.
DishNear may suspend or terminate any account, at its discretion, for breach of these Terms.
13. Intellectual Property
The DishNear name, logo, app, and underlying technology are owned by DishNear or its licensors. Users retain ownership of content they upload (such as dish photos and descriptions) but grant DishNear a licence to use, display, and distribute that content for the purpose of operating the Platform, including for advertising, marketing, and promotional purposes (such as app store listings, social media, and other promotional materials).
14. Privacy
DishNear's collection and use of personal information (including approximate location data) is described in our separate Privacy Policy, which forms part of these Terms.
15. Changes to These Terms
DishNear may update these Terms from time to time. Continued use of the Platform after an update constitutes acceptance of the revised Terms. Material changes will be notified in-app.
16. Governing Law
These Terms are governed by the laws of New South Wales, Australia, and users submit to the non-exclusive jurisdiction of its courts.
17. Contact
Questions about these Terms can be directed to contact@dishnear.com.