TERMS AND CONDITIONS

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:

1. A Surprise Bag is made available by a Store that uses Too Good To Go for reservation by consumers like you.
2. 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.
3. You place a reservation of an available Surprise Bag from a Store you select in the App.
4. 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