Latest update, May 10th 2016
IMPORTANT LEGAL NOTICE
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
Use of your personal information submitted through the Website is governed by our Privacy & Cookies Policy.
For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website http://www.toogoodtogo.com and any Too Good To Go mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.
TERMS AND CONDITIONS OF USE AND SALE
- INTRODUCTION AND OUR RULES
1.1. Company details: Too Good To Go Ltd. is a company registered in Denmark with registered company number 3714 6668 (in the danish “CVR-register”), whose registered office is at Sankt Annae Gade 32, 1416 Copenhagen K, Denmark.
1.2. VAT number: Our VAT number is DK 3714 6668.
1.3. Service: We provide a way for you to communicate your orders (“Orders”) for products (“Products”) to takeaway restaurants (“Restaurants”) displayed on the Website (the “Service”).
- WEBSITES ACCESS AND TERMS
2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and that they comply with them.
- YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
- You are legally capable of entering into binding contracts; and
- You are at least 18 years old.
3.2. Failure to comply with the above mentioned conditions will result in your order being rejected.
- HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. Compiling your Order: Enter your location/postal-code, and a list with Restaurants near you will appear. Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “buy”, “place my order” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected. After placing an order you will receive a confirmation by e-mail or find it at ”my purchases” in the Too Good To Go application.
4.2. Donate a meal to a homeless: One of the services Too Good To Go offers, is that you, through our Website, can donate a meal to a homeless person. Too Good To Go brings together all donations in a pool, and the payment of the pool for meals happens when the pool exceeds $ 765/£ 500/€ 670/DKK 5000. The collection and pot size can be followed on www.toogoodtogo.dk. Too Good To Go is responsible, through incoming donations to pay for meals at the restaurants.
Too Good To Go delivers free meals to more than 50 different shelters throughout the country. See which on: http://stopspildafmad.dk/madtilhjemloese.html. Too Good To Go has linked the restaurants up with a shelter near the Restaurant after which a volunteer from “Fra Madspild Til Maaltid” will pick up the food at the restaurant, transport it in a thermoboks, and distribute it to the chosen shelter. Too Good To Go has founded and is responsible for the voluntary organization “Fra Madspild Til Maaltid”, which is responsible for the delivery of the donated meals. See more at www.framadspildtilmaaltid..dk.
4.3. Collecting your order: It is important that you stick to the specified pickup time. The pick up time will normally be in a time period of 15-30 minutes. Check the restaurant description, for details about when you can pick up the food at the restaurant. If you arrive at the restaurant before the specified pick-up time, please wait outside for the sake of the restaurant’s guests. Be aware that if you arrive too late the restaurant may be closed.
When you have arrived at the restaurant, show your receipt/e-mail to the restaurant’s employees, after which they will distribute a takeaway box. Some restaurants will fill up the box for you and at other restaurants you can fill your own takeaway box. Fill only one side of the takeaway box. The box is designed to be closed. If the box cannot be closed the restaurant will charge you for an extra box. One takeaway box can contain 1 kg of food. Check the restaurant description, on how to get your takeaway box.
4.4. Too Good To Go–boxes: Too Good To Go´s reusable boxes are nature-friendly and 100 % free of plastic. They can be used again and again. Easy to clean and suitable for both freezer and microwave. Read more about our recycling boxes on: http://toogoodtogo.dk/bokse/.
4.5. Bring your own bag and cutlery: Bring your own bag and cutlery, where this is specified. This is done to minimize environmental impacts.
4.6. Sold out: A Restaurant is listed as “sold out”, if it has actually sold out, if it is closed on that day, if it does not sell surplus food that day or if they have agreed to be part of the concept but has not yet started.
4.7. Communication: All inquiries regarding restaurants and selection of offers shall be made to Too Good To Go.
4.8. Cancelling your Order: Once you have submitted your Order and your payment has been authorized, you can only cancel your Order until 3 hours before pick up-time. If you wish to cancel your Order, you need to contact Too Good To Go as described in paragraph 6.3 and Too Good To Go will inform the Restaurant, and refund your money. If the 3-hour limit is not met you will not be entitled to cancel your Order, nor will you be entitled to a refund. The reason for this rule is that we will insure that the food does not end up in the trash.
4.9. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Restaurant.
4.10. Processing your Order and Restaurant rejections: When we receive your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you, by email or Too Good To Go application, that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive, each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason
4.11. If you do not pick up your order: If you do not pick up your order on time, Too Good To Go is entitled to sell the product to another party, without any liability to you. Too Good To Go will not reimburse completed payments for late or missing pickup, nor will the Restaurant.
- PRICE AND PAYMENT
5.1. VAT and payment administration fees: Prices will be as quoted on the Website. These prices include VAT but may exclude any online payment administration charges (if you pay for your Order online). These will be added to the total amount due where applicable.
5.2. Incorrect pricing: This Website contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is dispatched, to notify you of the updated price and to confirm whether you wish to cancel or proceed with the Order. In such an event, neither we nor the relevant Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website.
5.4. Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.5. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Restaurant or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take up to 10 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
- CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, Too Good To Go will therefore try to assist you where possible if you have any problems with your Order. You can contact Too Good To Go by clicking or selecting the “Support”, “Help” or similar button or by calling the telephone number shown on the Website.
6.2. Questions about your Order: If you have any questions or problems with your Order, you can contact Too Good To Go as described above and we will attempt to contact the Restaurant in order to follow up on your query.
6.3. Cancelling your Order: If you wish to cancel your Order after it has been submitted and payment has been authorized, you need to contact Too Good To Go within the time limit described above in paragraph 4.8.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant, please consider providing feedback in the form of ratings, comments and reviews on the Website to reflect your experience. The Reviews are an important part of our quality control process.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, you should contact Too Good To Go to lodge your complaint within 48 hours of placing your Order, and Too Good To Go will attempt to contact the Restaurant in order to request compensation on your behalf. Please note that we have no control over Restaurants and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation to you on behalf of any Restaurant.
- INTELLECTUAL PROPERTIES
7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
- You must not misuse the Website (including hacking or “scraping”).
- Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
- You must not modify the digital or paper copies of any materials that you print in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- You must ensure that our status as the author of the material on the Website is always acknowledged and referenced.
- You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
- ADGANG TIL YDELSER
8.1. Website availability: While we try to ensure the Website is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.3. Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
- VISITOR MATERIAL AND REVIEWS
9.1.2. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9.2 to 9.3 below.
9.2. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:
- breaches any applicable local, national or international law;
- is unlawful or fraudulent;
- amounts to unauthorized advertising; or
- contains viruses or any other harmful programs.
9.3. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must 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.
9.4. Removal of Reviews: The prohibited acts listed in paragraphs 9.2 and 9.3 above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition in paragraphs 9.2 or 9.3 above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
9.5. Use of Reviews: The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website 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, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials
9.6. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Restaurant or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
9.7. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9.2 or 9.3 or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
- LINKS TO AND FROM OTHER WEBSITES
10.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you access these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
10.2. Linking permission: You may link to the Website´s homepage (www.toogoodtogo.com), provided that:
- you do do in a fair and legal way, which does not damage or take advantage of our reputation;
- you do not establish a link from a website that is not owned by you, or in a way that suggests a form of association with or endorsement by us where none exists;
- any website from which you link must comply with the content standards set out in these Website Terms (in particular paragraph 9 (Visitor Materials and Reviews));
- we have the right to withdraw linking permission at any time and for any reason.
11.1. Website information: While we try to ensure, that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the Service, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
11.2. Allergy, dietary and other menu information: It is the Restaurants that are responsible for providing this menu information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other menu information, you should confirm with the Restaurant directly before ordering.
11.3. Restaurant actions and omissions: The legal contract for the supply and purchase of Products is between you and the Restaurant that you place your Order at. We have no control over the actions or omissions of any Restaurants. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Website:
- We do not give any undertaking that the Products ordered from any Restaurant through the Website will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- Estimated times for collections are provided by the Restaurants. Neither we nor the Restaurants guarantee that Orders will be available for collection within the estimated times.
- We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by e-mail) as soon as reasonably practicable if a Restaurant rejects your Order. However, we do not guarantee that Restaurants will accept all Orders, and Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
- The foregoing disclaimers do not affect your statutory rights against any Restaurant.
11.4. Exclusion of terms: We provide you with access to the Website and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise ).
12.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
12.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
12.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the value of your Order or $ 150/€ 135/£ 100/DKK 1000, whichever is lower.
12.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
13.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website and the Service immediately by notifying you in writing (including by email or other durable media) if we believe in our sole discretion that:
- you have used the Website in breach of paragraph 7.1 (Intellectual Property);
- you have posted Reviews or other Visitor Material in breach of paragraphs 9.2 or 9.3 (Visitor Material and Reviews);
- you have breached paragraph 10.2 (Links to and from other websites); or
- you have breached any other material terms of these Website Terms.
13.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
- WRITTEN COMMUNICATIONS
14.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- EVENTS OUTSIDE OUR CONTROL
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the actions, legislation, regulations, orders or restrictions of any government.
15.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
- ADDITIONAL TERMS
16.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.4. Entire agreement: These Website Terms, and any document expressly referred to in them, constitute the whole agreement between you and us and supersede and replace all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
16.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
16.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
16.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
- GOVERNING LAW AND JURISDICTION
17.1. These Website Terms shall be governed by and construed in accordance with the laws of Denmark. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Denmark.