TERMS AND CONDITIONS
1. INTRODUCTION
Welcome to Too Good To Go ApS’ app, which is owned by Too Good To Go ApS, CVR-no. 37561304, Landskronagade 66 , 2100 København Ø, Denmark (“TGTG” or “we”).
TGTG´s mission is to raise awareness of food waste and reduce food waste worldwide by making surplus food available for consumers.
We provide a way for the end user (“Customer”) to communicate his or her reservations for surplus food and other surplus products, including unspecified products in “Magic Bags” (“Products”) at food stores, restaurants, supermarkets, bakeries, hotels, gas stations, etc. (“Stores”) displayed on our platform (the “Service”).
These terms and conditions (“Terms”) apply to any reservation and sale of the Products which are carried out via our websites or app (“Platform”).
When placing a Reservation Order (as defined below), the Customer accepts these Terms and thus, the Customer is required to review the Terms thoroughly before the Customer places an order on the Platform.
TGTG’s cookie and privacy policy, as available at all times on the Platform, shall form an integrated part of these Terms and shall be automatically accepted upon acceptance of these Terms.
2. TGTG CONCEPT
The Products are made available for reservation on the Platform, and Customers may reserve the Products by placing a Reservation Order (as defined below) on the Platform.
The Products are reserved by the Customer when TGTG confirms through a Reservation Confirmation (as defined below).
Once a Customer reserves a Product and the Store accepts the Reservation, the Customer commits to be present at the Store at the Pick-up time (as defined below) while the Store commits to offer the Products for sale, as specified herein. Both parties have a right of cancellation as defined below.
TGTG is solely arranging the sale of Products on the Platform on behalf of a Store, and there shall be no contractual relationship between TGTG and the Customer with regard to the Products or the sale of Products. TGTG has no responsibilities in respect of the Products or fulfilment of the agreement between the Store and the Customer.
TGTG is solely collecting the Purchase Price (as defined below) for the Products on behalf of the Store and is thus merely acting as a payment agent on behalf of the Store.
3. ACCEPTANCE
When placing an order on the Platform, the Customer confirms:
- To be legally capable of entering into binding agreements,
- to be a consumer shopping for personal purposes and
- to be 18 years old and in the possession of a valid debit, credit card or other payment means available for payment on the Platform.
By accepting these Terms, the Customer accepts to receive all relevant information in English. Furthermore, the Customer accepts that all agreements between the Customer and TGTG and any related information necessary for conducting the Services are stored by TGTG in accordance with TGTG’s privacy policy.
Furthermore, by accepting these Terms, the Customer accepts to receive emails and text messages related to any orders placed by the Customer. This is required by TGTG in order to ensure that the Customer receives all essential notifications related to the order.
TGTG reserves the right to revise and amend the Terms from time to time. The Customer’s order will be subject to the Terms applicable at the time when the Customer placed the order.
4. TGTG’S CONTACT INFORMATION AND CUSTOMER SERVICE
Too Good To Go Australia
PTY LtdLevel 19, 2 Southbank Boulevard
Southbank, VIC 3006
Australia
5. PRODUCT AND PRODUCT INFORMATION
TGTG is exclusively arranging the contract between the Customer and the Store and TGTG has no responsibilities in respect of the Products or fulfilment of the contract between the Store and the Customer.
TGTG does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Products. TGTG has no responsibility for the fulfilment of the contractual obligations towards the Customer regarding the Products, including the manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products, and the compliance with applicable legislation, including with respect to the above, unless TGTG is explicitly designated as the manufacturer or seller of the Product on the Platform.
The Customer can find information about the Products and a description of the Products on the Platform. This information is only instructive and for the purpose of giving the Customer the best prerequisites for evaluating selected Products before making the reservation. There may be instances where the Platform is not updated and where the actual product range, stocked items etc. is not as stated on the Platform. In such cases, TGTG is of no liability. It is the Stores that are responsible for providing information about the Products and to ensure that it is factually accurate and up-to-date. TGTG does not undertake any such responsibility and, hence, has no liability for the contents of or availability of information regarding the Products.
If the Customer is in doubt about allergy warnings, contents of a dish or any other menu information, the Customer shall confirm with the Store directly before ordering. The Store’s contact information will appear on the Platform. The Customer may always cancel the Reservation Order, if the cancelation is due to ingredients, allergens or other labelling related information regarding the Product.
Upon Pick-up (as defined below), the Store shall provide the Customer with information regarding list of ingredients, allergens and other labelling related information regarding the Product. Any Products purchased via the TGTG Platform shall be consumed immediately after Pick-up and/or as instructed by the Product Label or the Store. TGTG will not assume any liability for Customers’ adverse reactions from Products for any reasons, including if consumed inconsistently with the labelling or the information set out in these terms or given directly by the Store.
TGTG is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products, including with respect to manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.
6. RESERVATION OF PRODUCTS
A list of active Stores can be found in the app. If the Customer has allowed the app to use location services, the app will track the Customer’s location and the list will show stores near the Customer. Once the Customer has selected the Store and Product, the Customer will be given the opportunity to submit his or her order by clicking “reserve”, “place my reservation” or a similar button.
The list is solely established in consideration of a geographical criteria. The Customer has the possibility to filter the results in consideration of the availability of Products to reserve, of the Pick-up hour, of the nature of Products contained in “Magic Bags”, or as otherwise determined by TGTG.
The referenced Stores are the ones who are active on the Platform.
The supply of Products on the Platform is only an invitation to the Customer to place a reservation.
A reservation order made by the Customer via the Platform (“Reservation Order”) is considered an offer by the Customer to the Store to purchase a Product.
The Reservation Order shall be accepted by the Store upon Pick-up and, hence, the reservation shall be final and binding upon the Store and Customer upon Pick-up of the Product (as defined below), subject, however, to the limitations in the cancellation rights due to the nature of the Concept, as described in clause 7 below.
7. RESERVATION CONFIRMATION
Upon receiving the Reservation Order, TGTG will begin processing it by sending the reservation to the relevant Store. TGTG will notify the Customer, that the Reservation Order has been received (“Reservation Confirmation”) and is being processed. Please note that any confirmation page that the Customer may visit on the Platform merely indicates that the reservation has been received and is being processed and does not mean that the reservation has been accepted by the Store
The Reservation Confirmation should be saved by the Customer. The Reservation Confirmation will contain information regarding the reservation placed by the Customer.
Please note that the Reservation Confirmation does not mean that the reservation is accepted, but is merely a confirmation of receipt of the Reservation Order.
8. RIGHT OF CANCELLATION
TGTG’s concept is to avoid waste of food and other products and therefore, if the Store has no Products in excess, the Store may cancel the Reservation Order up until two hours before the beginning of the agreed time of Pick-up (as described below). In this case, the Customer will receive a cancellation notification from TGTG or the Store via email and/or SMS/and or a notification from the Platform provided that the contact information provided to TGTG is correct, and that the Costumer has agreed to receiving such notifications.
Since the Products are perishable goods and since TGTG’s concept is to avoid waste of food and other products, the Customer can only cancel the Reservation Order up until two hours before the beginning of the agreed time of Pick-up. However, the Customer may cancel the Reservation Order until Pick-up, if the cancelation is due to ingredients, allergens or other labelling related information regarding the Product.
The decision to use the right to cancellation shall be communicated by the Customer to TGTG via the complaint link in the Platform. If the Customer cancels the Reservation order outside of the rights set out above, the Customer will not be entitled to refund.
9. PICK-UP
Products reserved on the Platform must be picked-up by the Customer at the stated pick-up address (“Pick-up”). The Pick-up time will normally be in a time period of 10-30 minutes but can be both shorter and longer. Store description and details about when and where the Products can be picked up will appear on the Platform and is stated in the Reservation Confirmation as well. If the Customer arrives at the Pick-up address before the specified pick-up time, we ask him or her to please wait outside for the sake of the Store’s guests. Be aware that if the Customer arrives too late, the Store may be closed and/or the Product may be unavailable.
Since the Products are perishable goods and since TGTG’s concept is to avoid waste of food and other products, the Store is entitled to sell the Product to another customer if the Customer does not Pick-up the Reservation Order within the time period set out in the Reservation Confirmation. In this event, TGTG is entitled to charge the Purchase Price (as defined below) from the Customer.
Upon Pick-up, the Customer shall show his or her Reservation Confirmation in the TGTG app to the Store’s employees, after which they will “swipe” the receipt and hand out the Products reserved. It is the Customer’s responsibility to ensure that the Reservation Confirmation in the app can be shown at Pick-up. The Customer is required to make sure that the Products and number of Products handed out correspond to the Customer’s reservation.
10. PRICE
All prices are indicated in the currency of the country in which the Store is located and is including applicable VAT but may exclude any online payment administration charges, unless otherwise is specified.
Any fees related to the order and payment will be calculated and listed when the Customer places the Reservation Order.
Any value of the Products stated on the Platform is a minimum value had the Products not been sold as surplus food.
11. PAYMENT
The Customer can pay with several brands of debit and credit cards as well as other payment methods made available on the Platform.
If using credit or debit card, the Customer must enter his or her card number, the expiration date and the security code when placing a Reservation Order.
Upon placing a Reservation Order, the amount stipulated by the Store for the Products (“Purchase Price”) is authorized or reserved at the Customer´s account (depending on the chosen payment method) (“Account”). The Purchase Price is charged at the Customer´s account upon reservation of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the reservation is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to Customer.
The Purchase Price is collected by TGTG from the Customer on behalf of the Store. TGTG may amend, modify or restructure the payment procedure for its Customers, as it deems reasonable.
The Platform uses PCI compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.
TGTG does not store any debit or credit card information. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers.
If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verify that the entered information is correct.
If the Customer has corrected the error and the credit card is still rejected, TGTG recommends that the Customer contacts his or her bank.
Due to standard banking procedures, once the Customer has submitted a Reservation Order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the Reservation Order If the Reservation Order is subsequently rejected by the Store or cancelled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to TGTG and will instead refund the Customer by releasing the relevant amount back into the Customer’s available balance. However, this may take up to 10 working days (or longer, depending on the Customer’s bank or card issuer), and TGTG does not have authority to make enquiries to a Customer’s bank or card issuer on specific payment issues. The Customer must do so.
By accepting these Terms, the Customer accepts the method of payment set out above and acknowledges and agrees that TGTG is not responsible or liable to the Customer in relation to the above.
12. RIGHT OF COMPLAINT
In case of a complaint concerning a Product (including the “Magic Bag” and its contents), the Customer shall address the complaint to the Customer Service of TGTG before considering any other action. TGTG will handle all claims ((including with respect to the “Magic Bag” and its contents) as TGTG deems correct and any decision by TGTG regarding the Product is entirely up to TGTG.
In the event that the intervention of TGTG is not to the satisfaction of the Customer, these Terms do not limit the means available to the Customer to resolve the dispute it has with the Store under statutory law. The Services are covered by statutory consumer protection legislation and other statutory legislation regarding purchase of goods (in Denmark Købeloven) and provisions set out herein regarding defects and delays.
All complaints are handled exclusively by TGTG and the Customer shall direct complaints against TGTG and not the Store.
The Customer shall verify the content of the Products upon receipt.
In case of a complaint, the Customer shall contact TGTG via the complaint link on the Platform and provide the requested information and information about the Products and why the Customer is unsatisfied. After receiving the complaint, TGTG will process the complaint in cooperation with the Store if relevant and the Customer will receive a reply from TGTG within 10 business days.
In case the Customer is not satisfied with TGTG’s reply, the Customer may submit a complaint to the relevant consumer protection authority (in Denmark Forbrugerklagenævnet).
13. CUSTOMER REVIEWS
In particular (but without limitation), any reviews that the Customer submits through the Platform may not:
- contain any defamatory, obscene or offensive material;
- promote violence or discrimination;
- infringe the intellectual property rights of another person or legal entity;
- breach any legal duty owed to a third party (such as a duty of confidence);
- promote illegal activity or invade another’s privacy;
- give the impression that they originate from us; or
- be used to impersonate another person or to misrepresent your affiliation with another person.
TGTG does not control, modify or edit any reviews posted, except that TGTG is entitled to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform in the event that the review breaches one or more of the prohibitions mentioned above or is otherwise deemed fraudulent.
The reviews contained on the Platform are for information purposes only and do not constitute advice from TGTG. Reviews reflect the opinions of customers who have ordered through the Platform or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, TGTG assume no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the Customer may encounter in any such reviews.
TGTG is entitled to store the reviews.
The Customer will not receive compensation or benefits from making reviews through the Platform.
There may be a delay between the filing of the review and the publishing hereof.
14. CUSTOMER BEHAVIOuR
Customers are requested to show respect for the Store´s guests and personnel, as well as TGTG´s personnel.
The Customer is informed that in case of inappropriate behaviour towards the Store, the other customers of the Store or TGTG, or if the Customer commits a crime against or in the Store in connection with the Service, or violates the code of conduct rules of the Store or TGTG or any other similar behavior, TGTG may, in particular after complaints made by the Store, ban, exclude or suspend the Customer from the Platform and the Services. The intervention of TGTG does not deprive the Store of the means and rights at its disposal to obtain possible reparations.
15. LIMITATION OF LIABILITY
TGTG shall not be liable for losses arising out of or in connection with (i) matters for which an Store bears the responsibility, (ii) faults of third parties or through non-attributable interruption of availability of the Platform; (iii) orders by Customers made using fraudulently obtained payment data or other contractual data (e.g. the “phishing” of credit card data, identity theft etc.); (iv) content of sites to which the Platform links, including the accuracy of the linked sites and the data protection at such site; and (v) similar events as set out under (i) – (iv).
TGTG is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside TGTG’s control. Such circumstances may be but is not limited to disruptions in the operation of TGTG and/or the Store as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.
TGTG shall only be liable for direct losses and shall in no event be liable for indirect or consequential losses. In all events, except in the event of fraud or wilful misconduct, TGTG´s liability is limited to the amount of DKK.
This also applies in respect to product liability.
16. INTELLECTUAL PROPERTY
The Customer may use the Platform and print and download extracts from the Platform for his or her personal non-commercial use on the following basis:
- The Customer must not misuse the Platform (including hacking or “scraping”).
- Unless otherwise stated, the copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphical images) are owned by TGTG or TGTG’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform other than in accordance with this clause 16 is prohibited.
- The Customer may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause 16 and the Customer may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- The Customer shall ensure that TGTG’s status as the author of the material on the Platform is always acknowledged and referenced.
- The Customer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from TGTG to do so.
Except as stated in this clause16, the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without TGTG’s prior written permission.
17. GOVERNING LAW
These Terms (and any reservation and purchase of Products made hereunder) are subject to the laws of the country in which the Store, from which the reservation or purchase is made, is located.
Any dispute arising out of or in connection with these Terms shall – where such dispute cannot be settled amicably – be decided by the courts of the country in which the Store, from which the reservation or purchase is made, is located.
Irrespective hereof, the Customer may always submit a complaint to the relevant consumer protection authority applying in the country in which the Store, from which the reservation or purchase is made, is located.
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User Terms
Effective 31 July 2024
Thank you for using Too Good To Go and joining the fight against food waste!
1. Joining the TGTG movement
1.1 We dream of a planet with no food waste. TGTG’s mission is to raise awareness of food waste and to reduce food waste worldwide. Our mobile application helps businesses and consumers fight food waste together by saving meals that would otherwise have gone to the bin (referred to as the “Too Good To Go App” or simply the “App”). With your use of the App you’re contributing to the goal of ensuring that all food produced is food consumed.
1.2 To support the goal we try to keep it simple and we provide an easy concept by which we empower consumers, like you, that use our App, collectively “users” (in these User Terms we refer to you as “you” or “user”) to save meals from retail and food service businesses like super markets, bakeries, canteens, restaurants, manufacturers and other businesses with surplus food (each a “Store”). Our App helps you to find Stores and reserve surplus food. Stores offer surplus food by listing a quantity of bags on the App they will fill with their surplus food and make available to be reserved by you (we call each of these bags a “Surprise Bag”). You may see Surprise Bags referred to by different names on the App depending on your geographic region. For purposes of these Terms, those too will be considered Surprise Bags.
1.3 As you use our App keep in mind, TGTG does not own, control, offer or manage the contents of any Surprise Bags made available by Stores for Reservation. TGTG is also not a party to the sale of the food that Stores provide to you in Surprise Bags.
2. What’s covered in these Terms
2.1 These User Terms (“Terms”) are a binding legal agreement between you and Too Good To Go (“TGTG”) that govern your use of the TGTG websites and App (collectively, the “Too Good To Go Marketplace”). In these Terms, the words “TGTG”, “we”, “us” and “our” refers to the TGTG entity set out on Schedule 1 with whom you are contracting. By accessing or using any part of the Marketplace, you accept, without limitation or qualification, these Terms. If you do not agree with these Terms, you are prohibited from using any portion of the Marketplace. The registration of an Account (as defined below) requires your express acceptance of these Terms.
2.2 These Terms reflect the way that TGTG works and among other things, the obligations that apply to our relationship with you. As a result, these Terms help define our relationship with you as you interact with us and use our Too Good To Go Marketplace. For example, these Terms include:
- What you can expect from us and our Too Good To Go Marketplace.
- What we expect from you, which establishes certain rules for using our App.
- What to expect from Stores, which covers the basics of the interaction between you and Stores on our App.
2.3 Understanding these Terms is important because, by using Too Good To Go Marketplace you’re agreeing to these Terms. These Terms include all operating policies that are referred to herein (as such policies may be amended from time to time), including without limitation our Cookie Policy and our Privacy Policy that applies in your area.
By accepting these Terms, you confirm that you have read and accepted our Privacy Policy.
3. Using TGTG
3.1 How to save a meal from waste using Too Good To Go.
Too Good To Go App provides a simple method for you to save meals from the waste bin in 4 easy steps:
- A Surprise Bag is made available by a Store that uses Too Good To Go for reservation by consumers like you.
- A list of Stores with available Surprise Bags will be displayed to you in the App. Please note that a list based on your location can only be displayed if you allow the App to use location services where the App can track your location when you use the App.
- You place a reservation of an available Surprise Bag from a Store you select in the App.
- You Pick-up your reserved Surprise Bag at the relevant Store during the time period provided by the Store (see 3.5 below for Pick-up details).
3.2 User Account.
Your TGTG user account is where you manage the details of your relationship with us and use the App to make reservations with Stores. You must register and create an account by providing us with all the information we require during account registration or anytime after (“Account”) on the App. You must keep your Account information complete, accurate and updated. Any failure to provide or maintain this information may interfere with our ability to provide our services to you.
3.2.1 You should never:
- Select or use as a username a name of another person with the intent to impersonate that person.
- Use as a username a name subject to any rights of a person other than you without appropriate authorization.
- Use as a username a name that is otherwise offensive, vulgar or obscene.
- Use another person’s Account or registration information.
- Share your Account with others.
- Publish, distribute or post login information for your Account or another’s.
3.3 Reservations.
You may reserve Surprise Bags available for sale by a Store by placing a Reservation with a Store you select via the App (each a “Reservation”). A list of active Stores with available Surprise Bags can be found on the App.
The list of Stores displayed to you is based on various criteria that you can filter for example by geographical location, pick-up time, or other options made available in the App from time to time.
Keep in mind these two points:
- By making a Reservation you reserve a Surprise Bag which may potentially be available from a Store. An example of when a bag you reserve is not available is when a Store does not have the quantity of surplus food available they originally projected, the Store may cancel the reservation (see 3.6 below).
- A Reservation is not a purchase, rather it’s an offer by you to the Store to reserve a Surprise Bag potentially available for Pick-up at the Store. The purchase of a Surprise Bag takes place upon Pick-up (see 3.5 below) at which time the purchase is exclusively concluded between you and the Store.
3.4 Reservation Confirmation.
Once we receive the Reservation, we will begin processing it by sending the Reservation to the relevant Store. We will notify you that the Reservation has been received and provide you with an order identification number (each a “Reservation Confirmation”) that is redeemable for a Surprise Bag at the applicable Store. It is your responsibility to ensure that the Reservation Confirmation in the App can be shown to the Store and swiped by you upon Pick-up.
3.5 Pick-up.
You must retrieve the Surprise Bag reserved on the App at the designated location during the time period stated on the App and in the Reservation Confirmation (“Pick-up”). Upon Pick-up, you shall show your Reservation Confirmation in the App to the Store, after which the Store will hand out the reserved Surprise Bag upon you swiping the receipt in the App. You should always make sure that the Surprise Bag handed out corresponds to your Reservation. If you do not Pick-up the Reservation within the time period set out in the Reservation Confirmation, the Surprise Bag may no longer be available and we will be entitled to charge you for the Reservation Price (as defined below).
3.6 Reservation cancellation.
At times Stores do not have the surplus food they originally anticipated or the surplus food may not be satisfactory to you. For these reasons and other, Reservations may be cancelled by you, Stores, and TGTG.
3.6.1 Cancellation by you
- In App - You may cancel a Reservation within the App at any time before the earlier of: (i) the conclusion of Pick-up or (ii) the end of the Pick-up time listed by the Store.
- In Store - You may cancel your Reservation in the Store for any reason any time before you Pick-up your reserved Surprise Bag. You must communicate your decision to cancel your Reservation to us via the complaint link in the App.
3.6.2 Cancellation by Store
Generally Stores may cancel your Reservation until one (1) hour before the beginning of the agreed time of Pick-up. However, at times a Store may cancel later than one hour before the Pick-up time if needed (for example, if the Store sells out of the food they anticipated to be surplus at the time of Pick-up). If a Store cancels, you will receive a cancellation notification via email, SMS and/or the App provided you provided the correct contact information to us and that you agreed to receive such notifications.
3.6.3 Cancellation by TGTG
Reservations may be cancelled by us at our discretion when necessary, like in the event of a recall, dispute, or other matter we think requires that action to be taken.
4. Contents of Surprise Bags
4.1 TGTG’s role. As the provider of the Too Good To Go Marketplace we have no insights into the contents of Surprise Bags. We do not own, control, touch, offer or manage any listings of Surprise Bags that Stores make available. We do not manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Surprise Bags. We have no responsibility or liability for the contents of the Surprise Bag (including the quality, ingredients, and allergens), for the information provided by the Stores or for the availability of information regarding the Surprise Bags on the App. We are exclusively an intermediary and as a result we are not a party to the sale of the food Stores provide to you in Surprise Bags. If you have any questions regarding Surprise Bags displayed on the App you should contact the relevant Store. The Store’s contact information will appear on the App.
4.2 Store’s role. Upon Pick-up and prior to swiping the Reservation Confirmation, the Store is responsible for providing you with information regarding the list of ingredients, allergens and other labeling-related information as well as the actual contents regarding the Surprise Bag. We are not responsible for any ingredient, allergy, caloric or other nutritional information provided by the Stores or otherwise found on the App nor will we assume any liability for any adverse reactions from content in the Surprise Bag for any reason. It is yours and the Stores’ responsibility to confirm whether any allergens are present in the Surprise Bag. If you are in doubt about allergy warnings, contents of a Surprise Bag or any other information, you should confirm with the Store directly before the conclusion of Pick-up.
5. Price, payment, refunds
5.1 Price. The Surprise Bags’ stated value on the App is a minimum value had the Surprise Bag not been sold as surplus food. All prices are indicated in the currency of the country in which the Store is located.
Outside the US and Canada: For all Reservations made outside of the US and Canada, prices include VAT.
US and Canada: For Reservations made in the US and Canada, prices are exclusive of applicable sales tax.
5.2 TGTG as Store’s agent for collecting payments. The Reservation Price you pay is collected from you by us on behalf of the Store. Stores have granted power of attorney to TGTG to receive payments from you on their behalf in full discharge of your payment obligation for the Surprise Bags you Reserve and the Stores sell to you.
5.3 Packaging and other fees. In some locations mandatory regulation requires adding a packaging fee or other fees for Surprise Bags. If applicable, such fee(s) will be displayed in the App.
5.4 Payment process. The payment flow may vary slightly depending on the selected payment method due to internal processes at the payment provider, but the flow described below is the typical flow associated with common credit cards. Upon placing a Reservation, the price listed on the App by the Store for the Surprise Bag (“Reservation Price”) is reserved to the payment method in your Account and completing a Reservation in the App authorises us to reserve the Reservation Price to the selected payment method. The Reservation Price is charged to your Account upon Pick-up or at the end of the Pick-up time if the reserved Surprise Bag is cancelled outside the parameters of 3.6.1 above unless local laws or regulations apply that require a different procedure. If a Reservation is cancelled in accordance with section 3.6 of these Terms, the amount reserved will be released or refunded to you if you were already charged without any other compensation owed to you (unfortunately some payment methods trigger immediate charge of the Reservation Price due to the payment provider’s internal processes). TGTG may amend, modify or restructure the payment procedure for its users at any time, as it deems reasonable.
5.5 Payment method. When completing a Reservation the Reservation Price will be reserved on the payment method (e.g. credit card) you have associated with your user profile in the App. You can pay with accepted debit and credit cards or by other payment methods made available on the App. If using a debit or credit card, you must provide all required information such as your card number, expiration date, security code and other details we may reasonably require. Any such information will be collected, stored and processed by TGTG’s payment service provider, and TGTG does not have access to the information.
5.6 Refunds. At times we may refund users at our discretion to resolve issues like complaints and recalls. When we do, we may provide refunds to users for some or all of the amounts collected in connection with a Reservation or Pick-up.All refund requests must be submitted to us within 30 days of the end of the Pick-up window for the Reservation. You will not be entitled to a refund if you submit a refund request to us after 30 days following the date of the end of the Pick-up window for the Reservation.
6. User complaints
6.1 Complaints should be submitted through the Help Center in the Account section of the App before taking any other action. You must include the reason you are unsatisfied and any other information reasonably requested by us. After receiving the complaint, we will process the complaint in accordance with our internal complaint practices and when needed in cooperation with the Store. These Terms do not limit the means otherwise available to you to resolve any dispute you have with the Store under applicable law.
7. Your responsibilities
7.1 We can’t cover everything here but we’ve highlighted a few areas that are an important part of your relationship with TGTG. As you use our App keep in mind, you are always responsible for the activity that occurs on your Account, and are required to notify us immediately of any change in your eligibility to use or access the App, or any breach of security or unauthorized use of your Account.
7.2 As a condition to use the App and access your Account you are required to comply with all laws and regulations that apply to you at all times in connection with your use of the Too Good To Go Marketplace.
7.3 Your behavior. You are expected to show respect for the Store’s guests and personnel, as well as TGTG’s personnel. If you act inappropriately towards a Store, other consumers of the Store or TGTG, or if you commit a crime against or in the Store in connection with the Too Good To Go Marketplace, or violate the code of conduct rules (or similar) of the Store or TGTG or any other similar behavior, TGTG may, ban, exclude or suspend you from the App. The intervention of TGTG does not deprive the Store of the means and rights at its disposal to obtain possible reparations or other remedies.
7.4 Reviews. At times you may have the opportunity to review Stores that you made Reservations with on the App. Any reviews that you submit through the App must be accurate and never contain any discriminatory, offensive, or defamatory language. TGTG doesn’t verify the reviews provided by you or any other consumers that use the App. So keep in mind any reviews you may see displayed in the App may be inaccurate, incorrect or misleading.
7.5 TGTG Rules of Conduct.
When using the App and accessing your Account you acknowledge that you are responsible for all of your activity in connection with the Too Good To Go Marketplace which includes your acknowledgment and agreement with the following:
- To not use the Too Good To Go Marketplace for any illegal purpose or any other purpose that is prohibited by these Terms.
- You are the age of majority in your local jurisdiction.
- You will pay in full for the Surprise Bags you Reserve through the App and Pick-up.
- You will only place Reservations that you intend to Pick-up.
- You will not use the App to research Stores or the pricing of Stores.
- You will not engage in inappropriate behaviour towards: (i) a Store including its agents or employees; (ii) another consumer of a Store; or (iii) TGTG including its agents or employees.
- You’re not located in a sanctioned country or on a sanctioned persons list.
- You acknowledge and agree that you have not created other TGTG Accounts that have been suspended or terminated by TGTG for violations of our terms, policies, or applicable laws or regulations.
- You will not use any automated systems, robots or software to extract data from the Too Good To Go Marketplace.
- You will not (nor permit any third party to) (a) take any action; nor (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Marketplace that: (i) you know is false, misleading, untruthful or inaccurate; (ii) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (iii) impersonates any person or entity; or (iv) includes anyone’s identification documents or sensitive financial information.
- You will not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Too Good To Go Marketplace or any activities conducted on the Too Good To Go Marketplace; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Too Good To Go Marketplace (or other accounts, computer systems or networks connected to the Marketplace); (iv) run any form of auto-responder or “spam” on the Marketplace; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Too Good To Go Marketplace; or (vi) harvest or scrape any content from the Too Good To Go Marketplace.
- You will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Too Good To Go Marketplace (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Too Good To Go Marketplace; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
- You will abide by all applicable laws and regulations in connection with your use of the Marketplace.
- You will not access or use the Too Good To Go Marketplace if you are a direct competitor, or an agent of TGTG’s direct competitor, except with TGTG’s express prior written consent.
- You will not access the Too Good To Go Marketplace for any commercial purposes (including for the purposes of copying or reproducing any material or content on the Too Good To Go Marketplace, monitoring the availability, performance or functionality of the Too Good To Go Marketplace, or for any other benchmarking or competitive purposes).
8. Data use and privacy
8.1 TGTG values your privacy and works to ensure that it’s protected when using our Marketplace. When you use the Marketplace we collect and process personal data about you. You can read more about how we collect and use personal data in our Privacy Policy (https://www.toogoodtogo.com/en-us/privacy-policy).
9. Indemnity and Limitation of Liability
9.1 You agree to indemnify, defend and hold harmless TGTG and its parents, subsidiaries and affiliates, along with their directors, officers, employees and contractors from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to your: (i) use of the Too Good To Go Marketplace; (ii) breach of these Terms; and (iii) violation of applicable law or regulation.
9.2 TGTG shall not be liable for any losses or damages arising out of or in connection with the following: (i) acts or omissions of a Store or third party including but not limited to the contents of Surprise Bags; (ii) your use of the Too Good To Go Marketplace; (iii) availability of the Too Good To Go Marketplace or Surprise Bags; (iv) content of sites to which the Too Good To Go Marketplace links; and (v) circumstances outside of TGTG’s control.
9.3 To the maximum extent permitted by law, TGTG shall not be liable for indirect or consequential damages. To the maximum extent permitted by law, TGTG shall not be liable for any damages exceeding the amounts TGTG collected from you for the Surprise Bags you purchased in the 12 months preceding the first event that gave rise to your claim.
10. Intellectual property
10.1 The Too Good To Go Marketplace and the services we offer via the App, including all underlying technology, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logo and other intellectual property or proprietary rights contained therein, are and remain our sole and exclusive property except for content owned by third parties who have authorised TGTG to display content. Except as expressly set forth in these Terms, no licence or any other right is granted to you.
10.2 By using the Too Good To Go Marketplace, you agree not to copy, distribute, modify, or make derivative works of any content without our prior written consent. The Too Good To Go Marketplace nor any part of the Too Good To Go Marketplace may be reproduced or stored in any other system or platform or included in any public or private electronic retrieval system or service, without TGTG’s prior written permission.
10.3 Feedback. If you provide ideas or suggestions regarding the Too Good To Go Marketplace, advertising or promotions, merchandising of Surprise Bags, additions to our services or changes in methods of doing business (“Feedback”) we are free to fully exploit such Feedback. You understand and acknowledge that we shall exclusively own all known or hereafter existing rights to the Feedback everywhere in the world, and that such Feedback is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and to the extent necessary for TGTG to use the Feedback, you hereby grant TGTG an irrevocable, perpetual, world-wide licence to use the Feedback and any associated intellectual property in any manner, in any medium now known or hereafter developed, without restriction or payment to you.
11. Suspension and termination
11.1 We are entitled to suspend or terminate your access to the App including the deletion of your Account at any time at our reasonable discretion without any liability. Examples of scenarios where this may happen are:
- You materially or repeatedly breach these Terms.
- We’re required to do so to comply with a legal requirement or a court order.
- We reasonably believe that your conduct causes harm or liability to us, a Store, or third party – for example, by hacking, phishing, harassing, spamming, misleading others or scraping content that doesn’t belong to you.
- In our discretion we think you have acted in a manner that is abusive or disrespectful to a TGTG employee, agent, partner, user, or other TGTG customer.
- You’re located in a sanctioned country or are on a sanctioned persons list.
- You're inactive on the App for an extended period of time.
- You create or attempt to create a new Account after suspension or termination of another TGTG Account.
11.2 We encourage you to contact us, if you believe that your Account has been suspended or terminated in error.
12. Miscellaneous
12.1 No Warranties.Our Too Good To Go Marketplace is made available to you on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose unless you’re located in an area that by law provides you a specific right contrary to this disclaimer or does not permit us to exclude a warranty. Otherwise, we’re held to only the express promises we make to you in these Terms.
12.2 Blocking your access or refusing to process a payment: Our App is available for use in many countries throughout the world so different laws may apply in different countries that concern our relationship with you. We may block your access, terminate your Account, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you or a payment. We may take any of these actions without notice. Examples of where we might do this include:
- Transactions where we can’t receive payments from you, your bank or your country.
- Payments from sanctioned persons or persons located in sanctioned countries.
- Where we reasonably believe there is a legal or regulatory issue.
12.3 Changes to these Terms. We can make changes to these Terms at any time. If we update these Terms we will notify you in your Account and post them on the Too Good To Go Marketplace. The new Terms will not apply retrospectively to your use of our Too Good To Go Marketplace before the Terms changed, but the new Terms will apply to your continued use of the Too Good To Go Marketplace and your Account after the effective date of the new Terms. Your continued access to or use of the Too Good To Go Marketplace or your Account will constitute acceptance of the revised Terms. If you do not wish to continue using the Too Good To Go Marketplace following the changes to the Terms, you can cancel your agreement to the Terms by deleting your Account.
12.4 Third Parties. You understand and acknowledge that TGTG does not provide, endorse, or guarantee any third party product, service or information including products of Stores on the App. The Too Good To Go Marketplace may contain links to other websites not maintained by us. Other websites and apps may also reference or link to our Too Good To Go Marketplace. We encourage you to be aware when you leave our Too Good To Go Marketplace and to read the terms and conditions and privacy statements of each and every website and app that you visit. We are not responsible for the practices or content of such other websites and apps.
12.5 Severability.If any part of the Terms are deemed unlawful, void or for any reason unenforceable, the parties agree that any such provision will be modified to carry out the original intent to the fullest extent permitted by law. If modification is not possible then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
12.6 Waiver; remedies. No failure or delay by TGTG to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.7 Contracting Parties, Applicable Law and Venue. We’ve set out the TGTG entity you contracted with in Schedule 1 based on your location. These Terms will be interpreted in accordance with the laws of the location you Pick-up your Surprise Bag regardless of conflict of laws rules unless laws applicable in your place of primary residence require other laws to apply. Claims must be brought in the location where you Pick-up the Surprise Bag unless laws applicable to you require another location. Any disputes will be resolved exclusively by the dispute resolution method set out in these Terms.
12.8 Resolving Disputes. Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes in the ordinary courts based on the applicable law and venue set out in these Terms and all proceedings will be conducted in English unless local laws or regulations apply that require the proceedings to be conducted in another language.
Depending on your location, you may also seek the help of a consumer ombudsman or non-governmental organisations working on behalf of consumers.
For users in the EU: The European Commission provides a website for more information about online dispute resolution, available at: http://ec.europa.eu/consumers/odr/
For users in Norway: The Norwegian Consumer Authority provides a website for more information about online dispute resolution, available at: https://www.forbrukertilsynet.no/
12.9 Class Action Waiver. You agree that any claim or proceeding arising from these Terms must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding which any related rights you hereby waive unless prohibited by law.
12.10 Jury Trial Waiver. You and we acknowledge and agree that we each waive the right to a trial by jury.
12.11 TGTG reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
12.12 Contact TGTG. If you have any questions about these Terms please reach out to us on our contact us page (https://toogoodtogo.co.uk/en-gb/support/user/active/contact-us).
Schedule 1 - Contracting Entities
Your Location | TGTG Contracting Entity | Business Registration Number | Address |
---|---|---|---|
European Union and rest of world | Too Good To Go ApS | 37561304 | Landskronagade 66 2100 Copenhagen |
Canada | Too Good To Go Canada Technology Ltd. | 774534069BC0001 | Suite 2600, Three Bentall Centre 595 Burrard Street, P.O. Box 49314 Vancouver British Columbia V7X 1L3 |
United States | Too Good To Go Inc. | 7779365 | 800 North State Street, Suite 304, Dover, Delaware 19901 |