Legal Disclaimers for Food Allergy Protection in WooCommerce

[NavidSemi]

I operate a WooCommerce-based food delivery marketplace (similar to Uber Eats) exclusively partnering with Middle Eastern restaurants and grocery stores. We handle payments by collecting orders via our platform, deducting a commission, and disbursing partners’ earnings weekly.

Key Concerns:

1. Disclaimer Placement: If we include disclaimers in both our User Terms & Conditions (shifting liability for food allergies/poisoning to restaurants) and Partner Agreements (requiring compliance with food safety laws), would this sufficiently protect us from legal complaints?
2. Payment Flow: Since we temporarily hold customer funds (before paying partners), could this expose us to additional liability despite disclaimers?

Additional Context:

• Partners are responsible for food preparation/storage.
• we aim to make middle eastern groceries and foods accessible to everyone.

Thank you!

 

[Newchodge]

I operate a WooCommerce-based food delivery marketplace (similar to Uber Eats) exclusively partnering with Middle Eastern restaurants and grocery stores. We handle payments by collecting orders via our platform, deducting a commission, and disbursing partners’ earnings weekly.

Key Concerns:

1. Disclaimer Placement: If we include disclaimers in both our User Terms & Conditions (shifting liability for food allergies/poisoning to restaurants) and Partner Agreements (requiring compliance with food safety laws), would this sufficiently protect us from legal complaints?
2. Payment Flow: Since we temporarily hold customer funds (before paying partners), could this expose us to additional liability despite disclaimers?

Additional Context:

• Partners are responsible for food preparation/storage.
• we aim to make middle eastern groceries and foods accessible to everyone.

Thank you!

You are supplying the food to the consumer. No disclaimer can protect you.

 

[NavidSemi]

Is there any solution? If we use a client account where payments are processed and commissions are split, the funds will not be deposited into our bank account, and we will only receive our commission. Are we still vulnerable in this scenario?

You are supplying the food to the consumer. No disclaimer can protect you.

 

[fisicx]

You will always be vulnerable. Only takes one person to sue and your whole business can fall apart.

What vetting and/or inspections do you carry out on your providers?

Ubereats has lots of insurance and expensive lawyers.

 

[ctrlbrk]

Is there any solution?

Have you considered Professional Indemnity Insurance?

 

[Paul Kelly ICHYB]

Have you looked at how the big boys disclaim these issues?

Have you taken expert advice on how you are handling sales in relation to turnover and VAT?

Why do you hold customers money? You take your lick of the lollipop and pass the rest over to the supplier!

BTW, surely your WC plugin that managers the multistore function can manage the transaction split?

 

[NavidSemi]

Have you considered Professional Indemnity Insurance?

Interesting, I didn’t know that type of insurance.

 

[NavidSemi]

Have you looked at how the big boys disclaim these issues?

Have you taken expert advice on how you are handling sales in relation to turnover and VAT?

Why do you hold customers money? You take your lick of the lollipop and pass the rest over to the supplier!

BTW, surely your WC plugin that managers the multistore function can manage the transaction split?

Have you taken expert advice on how you are handling sales in relation to turnover and VAT?
Yes, I’ve consulted with my accountant about this. He advised that if we use a client account, we wouldn’t need to be involved with the VAT on the products. Of course, I’m open to further advice if there are additional considerations to explore.

BTW, surely your WC plugin that manages the multistore function can manage the transaction split?
Yes, I’m using the WCFM plugin, which integrates with PayPal to handle client accounts. It automatically splits the commissions between the parties involved, ensuring smooth and transparent transactions without requiring manual intervention.