TERMS AND CONDITIONS

 Too Good To Go ApS

1. Introduction

Welcome to Too Good To Go ApS’ app, which is owned by Too Good To Go ApS, CVR-no. 37146668, Lindgreens Allé 9, 1. 2300 Copenhagen S, Denmark (“TGTG”).

Too Good To Go ApS’ mission is to raise awareness of food waste by making surplus food available for collection before a food store closes its business for the day or night (the “Concept”).

We provide a way for the end user (“Customer”) to communicate his or her orders for surplus food (“Products”) at food stores, restaurants, supermarkets, bakeries, hotels, gas stations, etc. (“Stores”) displayed on the Platform (the “Service”).

The legal contract for the supply and purchase of Products is between the Customer and the relevant Store. TGTG has no control over the actions or omissions of any Stores.

These terms and conditions (“Terms”) issued by Too Good To Go ApS (“TGTG”) applies to any sale of the Products which are carried out via the TGTG websites or the TGTG app (“Platform”) to Customers.

While TGTG tries to ensure that the Platform is normally available twenty-four (24) hours a day, TGTG does not undertake any obligation to do so, and will not be liable to the Customer if the Platform is unavailable at any time or for any period.

When placing an order on the Platform, the Customer confirms:

  • to be a consumer shopping for personal purposes
  • to be 18 years old and in the possession of a valid debit, credit card or other payment mean available for payment at the Platform.

When placing an order, 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.

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 are stored by TGTG for a period of 5 years.

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, see clause 4.

2. TGTG’s contact information and customer service

Too Good To Go ApS
Lindgreens Allé 9, 1.
2300 København S
Denmark
CVR-nr. 37146668

Email address: info@toogoodtogo.dk

3. Products

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, 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.

The Customer can find information about the Products and a description of the Products on the Platform.

The description is only instructive and for the purpose of giving the Customer the best prerequisites for evaluating selected Products before making the purchase. 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. 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.

4. Ordering of Products

A list of 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 “buy”, “reserve”, “place my order” or a similar button. It is important to check the Store and Product before clicking or selecting this button; once the Customer does so TGTG will start processing the order and errors cannot be corrected.

The supply of Products on the Platform is only an invitation to the Customer to place an order.

Upon receiving the order, TGTG will begin processing it by sending the order to the relevant Store. TGTG will notify the Customer, that the order has been received and is being processed. Please note that any confirmation page that the Customer may visit on the Platform merely indicates that the order has been received and is being processed and does not mean that the order has been accepted by the Store. Thus, the agreement between the Customer and the Store is not final until the Customer has received a receipt in the app (“Order Confirmation”).

Please note that due to the Concept, the Products may be sold out. No liability can be claimed against TGTG in this regard and the Store may cancel the order placed by the Customer until two hours before pick-up time. In this case, the Customer will receive an email and an SMS provided that the relevant contact information given by the Customer is correct.

5. Order Confirmation and invoice

After placing the order, the Customer will receive an Order Confirmation by email and on the Platform. This means that the order is accepted (subject to cancellation as set out herein). The Order Confirmation should be saved by the Customer. The Order Confirmation will contain information regarding the order placed by the Customer and the Customer’s name, address, payment information, the Products ordered, price, terms of payment, time and place of pick-up and a link to the Terms accepted by the Customer.

6. 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 order. Reservation is made to any errors in the prices indicated on the Platform.

7. Payment

The Customer can pay with several brands of debit and credit cards as well as other payment methods made available at 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 an order.

Upon placing a purchase order, the amount stipulated by the Store for the Products (“Purchase Price”) is reserved at the Customer´s account according to the chosen payment method (“Account”). The Purchase Price is charged at the Customer´s account after pick-up of the Products. 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.

If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verufy that the entered information is correct.

In some case, TGTG receives an error code whenever a Customer’s credit card or payment method is rejected. The error code makes it possible to identify the cause of rejection. In order to ease the Customer’s opportunity to correct the error, TGTG may inform the Customer in the app about why the credit card or payment method was rejected.

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 an order that is paid for by credit or debit card and the payment has been authorized, the bank or card issuer will reserved the full amount of the order. If the order is subsequently rejected by the Store or cancelled for any other reason, 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 acknowledges and agrees that TGTG is not responsible or liable to the Customer in relation to the above.

8. Pickup

Products ordered on the Platform must be picked-up by the Customer at the stated pick-up address. 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 Order 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. Customers are requested to show respect for the Store´s guests and personnel and any behavior not in compliance hereto may lead to the Customer being banned from the Platform and the Store.

If the Customer does not pick up the order on time, the Store is entitled to sell the Product to another party, without any liability to the Customer, and TGTG is entitled to charge the Purchase Price from the Customer.

Upon pick-up, the Customer must show his or her Order Confirmation in the TGTG app to the Store’s employees, after which they will “swipe” the receipt and hand out the Products ordered. It is the Customer’s responsibility to ensure that the Order Confirmation in the app can be shown at pick-up. The Customer is required to make sure that the Products and number of Products delivered correspond to the Customer’s order.

TGTG is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products or Services.

Further, 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.

9. Right of cancellation

Since the Products are perishable goods, the Customer is not entitled to cancel the order after the time of pick-up.

However, the Customer may cancel the order up to 3 hours before the beginning of the pick-up time. The decision to use the right to cancellation shall be communicated by the Customer to TGTG via email at the email address stated in clause 2. Hereinafter, the Purchase Price will be refunded by TGTG.

If the 3-hour limit is not met, the Customer will not be entitled to cancel the Order, nor will the Customer be entitled to a refund.

Due to the Concept, TGTG or the Store may cancel the order up until 2 hours before the time of pick-up in the event the Store does not have any food in excess. In this case, the Customer will receive a cancellation notification from TGTG or the Store via email and/or SMS provided that the contact information provided to TGTG is correct. The Customer will not be charged by TGTG.

The reason for the cancellation rights described above is to ensure that the food is used and thereby to limit food waste.

10. Right of complaint

The Products are covered by the Danish Sales of Goods Act.

It is advised, that the Customer verifies the content of the deliveries upon receipt.

In case of a complaint, the Customer shall contact TGTG by sending an email with the order no. 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 Danish Forbrugerklagenævn.

11. 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.

The prohibited acts listed above are non-exhaustive. TGTG reserves the right (but does not undertake, except as required by law, any obligation) to remove or edit at any time any reviews posted, uploaded or transmitted to the Platform if TGTG determines that the review breaches one or more of the prohibitions mentioned above, is otherwise objectionable or may expose TGTG or any third parties to any harm or liability of any type, or for any other reason.

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.

12. Customer behavior

If a Customer in any way misbehaves, insults the employees or other customers of a Store or TGTG, commits a crime against or in the Store or TGTG, violates the code of conduct rules of the Store or TGTG or conducts similar behaviour, TGTG may, at TGTGs discretion, ban or suspend the Customer from the Platform and the Services.

13. 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 12 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 12 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 clause 12, 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.

14. Governing law

These Terms and any contract for the purchase of Products are subject to the laws of the country in which the Store 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 is located.

COOKIE POLICY

 

Welcome to the TGTG Platform owned by:

Too Good To Go ApS
Lindgreens Allé, 9, 1.
2300 København S
Denmark
CVR-nr. 37146668

We use cookies and other data collection tools to collect data that helps us personalize your use of our websites and mobile applications (“Platform”). We also work with a variety of BI and analytics companies (“Partners”) that use various technologies including cookies to collect data about your use of the Services (such as pages visited, ads viewed or clicked on) so that we can better deliver experiences to you based on your interests and online activities.

What are cookies?

“Cookies” are data files stored within your browser when you interact with a website. These data files allow the site to recall important information about your visit and help improve your experience. By using this technology, we are able to make it easier for visitors to register for accounts, order Products and to remember and process the orders you have placed via the Platform.

We also use cookies to collect information about which device and browser you use to access our sites so we can optimize your access and continually improve functionality. For example, we collect information about your browser type (e.g., Internet Explorer, Safari, or Firefox) and operating system (e.g., Windows, Mac-OS X, IOS, Android etc.), domain name of your Internet service provider, websites visited before and after visiting our Platform, pages viewed and activities at our Platform, and ads seen or clicked on. We also keep aggregated statistics about the visitors to our Platform to help us continually improve how we deliver our online content.

The vast majority of web browsers accept cookies. However, you do have the ability to decline cookies by modifying the settings on your browser. If you use several browsers, remember to delete cookies in all of them.

 

Please note, if you do this you may lose some of the functionality of this Platform.

What types of cookies do we use

We use several different types of cookies:

Required

  • Strictly necessary cookies: these are cookies that are required for the operation of our Platform. Without them, for example, you would not be able to register or log in for any Services that we may offer.

Functional

  • Analytical/performance cookies: these cookies allow us to recognize and count the number of visitors and to see how visitors move around our Platform. These help us to improve the way our Platform works, for example, by ensuring that users are finding what they are looking for easily and do not encounter technical errors.

 

  • Functionality cookies: these are used to recognize you when you return to our Platform. Usage of cookies of this character enables us to personalize our content for you and remember your preferences (for example, your choice of language or region).

 

  • Targeting cookies: these cookies record your visit to our Platform, the pages you have visited and the links you have followed. Usage of cookies of this character helps us and our analytics partners to deliver an experience more relevant to you and your interests. We may also share this information with third parties for this purpose. For example, these cookies allow us to identify and send you messages about purchasing recommendations.

 

  • Interaction cookies: because we are interested in your opinion about our brand and Services, we use interaction cookies. These cookies allow us to communicate. For example, these cookies allow you to “like” us or recommend us on social media. These social media interaction cookies may collect information about your visit even though you do not interact with them.

We allow third-party cookies

We may allow third parties to use cookies on our Services. We do not control the cookies of third parties. There are free programs you can download from reputable sources that allow you to set your preferences and block the vast majority of third-party cookies.

 

Version September 11, 2017.

PRIVACY POLICY

Introduction
Too Good To Go ApS (“TGTG”) works to ensure that your privacy is protected when using our Services. We therefore have a policy setting out how your Personal Data will be processed and protected. Please stay updated on any changes to this Privacy Policy by visiting our websites and mobile applications (“Platform”).

This Privacy Policy only concerns Too Good To Go ApS’ Customers and users of our Platform and Services.

What information do we collect?

TGTG collects information to operate our business and provide you with opportunities for reducing food waste. We collect both Personal Data and Other Information in support of these efforts.

  • “Personal Data” is information that can be used, directly or indirectly, alone or together with other information, to identify you as an individual Customer. This may include your precise Location Data.
  • “Other Information” is information that is anonymous, aggregate, de-identified, or otherwise does not reveal your identity. Some examples include age, gender, browser and operating system, time spent using our Services, and webpages visited. We collect and use this information to understand how you and our Customers as a whole use our Services and constantly tune, enhance, innovate and build products and services to reflect the needs of our Customers. We also collect responses from trusted Payment Service Providers when you make purchases on the Platform. Depending on payment method, this may include a subscription ID that is sent to the Payment Service Provider. We DO NOT collect any credit card information. When you are using a mobile device, we also collect and use your Apple Identifier for Advertising (IDFA) and Google Advertising ID (AAID) to recognize your device and support activities on our Services. These number values are not permanently tied to your device and, depending on your operating system, you can reset it through your device settings.

We collect Personal Data in the following ways:

  1. When you register with us, we collect registration and demographic details, e.g., name, email address, password, country and exact location. We may also collect your mobile phone number.
  1. When you use or interact with our Services, we collect Personal Data such as Location Data. We use your Location Data to provide a more relevant service. We may also use your Location Data to conduct analytics to improve the Services.

We collect Location Data in several ways:

  1. from your wireless carrier,
  2. directly from the device on which you use our Services.

The way in which we collect Location Data is different depending on whether you are accessing the Services through a website or a mobile application.

If you are accessing the Services through one of our mobile applications, the way we collect Location Data will differ depending on your mobile device’s operating system. In all events, we do not collect Location Data, unless you have allowed its collection when prompted. If you decline to allow Location Data collection in the app, we will not collect your Location Data unless you manually enter it in.

Other Information: We may collect Other Information about your use of our Services. This includes, for example, your device type, carrier provider, browser type, operating system, internet domain and host name, date and time of access as well as referring and onward URL, as well as transactional data about the activities you undertake and how you interact with the Services, such as what data is displayed, clicked on or shared, the click stream patterns, and the length of time spent on each site or page; and searches you may conduct on the Services.

  1. When you connect with us through social media, we may collect account or profile information.

You may choose to enable, log into or sign on to the Services through Facebook (“Social Networking Services”). When you connect using your Social Networking Services accounts, we may collect Personal Data that you have provided to that Social Networking Service. For example, when you log in with your Facebook credentials, with your consent we may collect Personal Data from your Facebook profile that is permitted under Facebook’s Terms of Use, such as your email address and profile picture. If you do not want to provide us with this information, you will need to amend the privacy settings on your Social Networking Services account. For more information, please review the privacy disclosures and terms of your Social Networking Services account, which govern how that account information is collected and shared with us.

  1. When you take surveys and enter promotions, contests, and sweepstakes, we collect contact, demographic and eligibility information.

We may sponsor contests, sweepstakes and other promotions (“Promotions”) and we may request that you provide Personal Data, such as name, address, email address, telephone number and age and other information that may be appropriate in order to participate.

We may also launch surveys that ask you to answer questions about a range of topics from personal information to brand and product preferences.

How do we use your Personal Data?
We use the data we collect to operate our business, advertise and improve our existing Platform, develop new services and to improve and personalize your experiences interacting with us. We also use your Personal Data to communicate with you.


We will use your Personal Data for the following purposes:

  1. Operate our business and run our Services.

We use your Personal Data to create and manage your personal account at TGTG and to process your orders.

  1. Personalize experiences on our Services, better understand our Customers and gain customer insights

We use your Personal Data to conduct analyses in order to provide you with relevant functionality. This includes showing you a map or list view of nearby stores and suggesting the most relevant stores for you.

  1. Communicate with you and respond to your requests

When registering an account with us, you have a choice of receiving announcements about us and our products and Services via email and/or push notifications. If you consent to such messages, we may use your Personal Data and Other Information to communicate with you about the TGTG products or Services you have purchased or used and to notify you of other products, promotions and Services we think may be of interest to you. You can manage your communication preferences at any time from the mobile applications.

We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.

Additionally, when you request it, we will use your Personal Data to enroll you in contests, programs, or offers. We also may use your Personal Data to notify you of promotions and other special offers.

Please note that irrespective of your email and push notifications settings, we may send you notifications pertaining to the performance of our Services, such as revision of our Terms or this Privacy Policy or other formal communications relating to products or Services you have purchased or use. This also includes emails, push notifications and text messages in the event one or more of your purchases are cancelled by a store. We do this to avoid a situation where you show up at a store to pick up food when the store has no surplus food left to sell.

  1. Tailor our advertising and marketing

We use Personal Data and Other Information to assist us in our advertising and marketing campaigns, to provide you with information on the products and Services that we think are most relevant to you.

Where is your Personal Data stored?
The data that we collect from you is stored within the European Economic Area (“EEA”) but may also be transferred to and processed in a country outside of the EEA. Any such transfer of your Personal Data will be carried out in compliance with applicable laws.

For how long is your Personal Data stored?
TGTG will retain your Personal Data for as long as you maintain an Account or as needed to provide you the Services. We will also retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Who is responsible for your Personal Data?
Too Good To Go ApS (“TGTG”), is the controller of the Personal Data you submit to us and responsible for your Personal Data under the Danish Data Protection Act, which implements the EU Data Protection Directive (95/46/EC).

Who has access to your Personal Data?
Your data may be shared within the TGTG group. We never pass on, sell or swap your data for marketing purposes to third parties outside the Too Good To Go group. Data that is forwarded to third parties is only used to provide you with the services mentioned above, for example media services and agencies for distribution of newsletter and credit reference or debt collection agencies for the purpose of credit rating checks, identity checks and debt collection.

How do we protect your Personal Data?
We have taken technical and organisational measures to protect your data from loss, manipulation and unauthorised access. We continually adapt our security measures in line with technological progress and developments. To make card purchases with us as secure as possible, all information is sent in encrypted form. This means that the information is passed through a secure connection and that external parties cannot read your Personal Data. For card purchases, we work with PCP compliant Payment Service Providers that help us to check directly with your bank that the card is valid for purchases. Our Payment Service Providers process your card details according to the international security standards PCI DSS, which was developed by the card companies VISA, MasterCard, Diners, American Express and JCB. This means that your card details are processed with a very high level of security. When you pay by card, we reserve the right to carry out an identity check.

What are your rights?
You have the right to request information about the Personal Data we hold on you at any time (free of charge once a year). If your data is incorrect, incomplete or irrelevant, you can ask to have the information corrected or removed. We cannot remove your data when there is a legal storage requirement, such as book-keeping rules or when there are other legitimate grounds to keep the data, such as unsettled debts. You can withdraw your consent to us using the data for marketing purposes at any time. You can contact us either by sending a letter to Too Good To Go ApS, Customer Service, Lindgreens Allé 9, 1., 2300 København S, Denmark or by sending an email to privacy@toogoodtogo.com. Your rights under the Data Protection Act will not be affected.

Controller of Personal Data
Too Good To Go ApS
Lindgreens Allé 9, 1.
2300 København S
Denmark
CVR-no. 37146668
E-mail: privacy@toogoodtogo.com
Mail address: Lindgreens Allé 9, 1., 2300 København S

Version September 11, 2017

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