TERMS & CONDITIONS
1. INTRODUCTION
Welcome to EETZRESCUE app, which is owned by EETZAPP LLC 301 S Harwood ST – 308, Dallas, TX, 75201 United States (“EETZ RESCUE” or “we”).
EETZ RESCUE´s mission is to raise awareness of surplus food and reduce food waste worldwide by making said surplus food available for consumption at no charge to the Individual making a Claim.
We provide a way for the end user/consumers (“Individual”) to communicate through posts and/or claims for surplus food and other surplus products, including unspecified products ” (“Products”) from restaurants, supermarkets, bakeries, hotels, farms, or food production sources , etc. (“Stores”) displayed on our platform (the “Service”).
These terms and conditions (“Terms”) apply to any post and/or claim of the Products which are carried out via our mobile app (“Platform”).
When posting or claiming an Order (as defined below), the Individual accepts these Terms and thus, the Individual is required to review the Terms thoroughly before the Receiver places an order on the Platform.
EETZ RESCUE’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. EETZ RESCUE CONCEPT
The Products are made available for reservation on the Platform, and an Individual may reserve the Products by placing a Claim (as defined below) on the Platform.
The Products are reserved by the Individual when EETZ RESCUE confirms through a Claim Confirmation (as defined below).
Once a Individual effects a Claim and the Store accepts the Claim, the Individual commits to be present at the Store at the Pick-up time (as defined below) while the Store commits to offer the Products for pick-up by the Receiver, as specified herein. Both parties have a right of cancellation as defined below.
EETZ RESCUE is solely arranging the connection between individuals and organizations (also known as Producers and Consumers on a Platform Business) of the Post (donation) of Products on the Platform on behalf of a Store, and there shall be no contractual relationship or verbal or other guaranty between EETZ RESCUE and the Customer with regard to the specific Products being offered in the Post or the quality of said Products. EETZ RESCUE has no responsibilities in respect of the Products or fulfilment of the agreement between the Store and the Customer and is under the assumption that all parties are within control of their portion of the transaction. All parties are required to read the Bill Emerson Good Samaritan Act of 1986 and any local legislation regarding Posting or Claiming food.
EETZ RESCUE is solely facilitating the connection between individuals or other entities (as defined above) for the Products on behalf of the Store and is thus not acting as an agent on behalf of the Store or individual Claiming the Product(s).
3. ACCEPTANCE
When placing a Post or Claim on the Platform, the Individual confirms:
To legally understand the extent and limitations of the Bill Emerson Good Samaritan Law,
to be capable of entering into binding agreements, and
to be a consumer acting of his/her own free will.
By accepting these Terms, the Individual accepts to receive all relevant information in English. Furthermore, the Individual accepts that all agreements between the Individual and EETZ RESCUE and any related information necessary for conducting the Services are stored by EETZ RESCUE in accordance with EETZ RESCUE’s privacy policy.
Furthermore, by accepting these Terms, the Individual accepts to receive emails and text messages related to any Claims placed by the Individual. This is required by EETZ RESCUE in order to ensure that the Customer receives all essential notifications related to the order.
EETZ RESCUE reserves the right to revise and amend the Terms from time to time. The Individual’s order will be subject to the Terms applicable at the time when the Individual placed the order.
4. EETZ RESCUE’S CONTACT INFORMATION AND CUSTOMER SERVICE
[email protected]
1.469.639.6347
301 S Harwood ST – 308, Dallas, TX, 75201 United States
5. PRODUCT AND PRODUCT INFORMATION
EETZ RESCUE is exclusively arranging the contract between the Individual and the Store and EETZ RESCUE has no responsibilities in respect of the Products or fulfilment of the contract between the Store and the Individual.
EETZ RESCUE does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Products. EETZ RESCUE 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 EETZ RESCUE is explicitly designated as the manufacturer or seller of the Product on the Platform.
The Individual can find information about the Products and a description of the Products on the Platform. The information provided is only instructive and for the purpose of giving the Individual the best prerequisites for evaluating selected Products before making a claim. There may be instances where the Platform is not updated and where the actual product range, posted items etc. is not as stated on the Platform. In such cases, EETZ RESCUE 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. EETZ RESCUE does not undertake any such responsibility and, hence, has no liability for the contents of or availability of information regarding the Products.
If the Individual is in doubt about allergy warnings, contents of a dish or any other menu information, the Individual shall confirm with the Store directly before making use of the Product offered. The Store’s contact information will appear on the Platform. The Individual may always cancel the Claim, 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 Individual with information regarding list of ingredients, allergens and other labelling related information regarding the Product. Any Products posted and claimed via the EETZ RESCUE Platform shall be consumed immediately after Pick-up and/or as instructed by the Product Label or the Store. EETZ RESCUE will not assume any liability for Individuals’ 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.
EETZ RESCUE 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, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.
6. RESERVATION OF PRODUCTS
Active Stores and/or Individuals can post in the app. If the Individual has allowed the app to use location services, the app will track the Individual’s location and the list will show Rescues available near the Individual. Once the Individual has selected the Product, the Individual will be given the opportunity to submit his or her order by clicking “claim” or a similar button.
The list is solely established in consideration of a geographical criteria. The Customer does not have the ability to filter the results in consideration of their distance but can choose from the Products available. Date and pick-up hour of Products are either determined by Store or Individual in the app. EETZ RESCUE makes no guaranty for the availability of Products on the mobile app.
Stores and/or Individuals are active on the Platform at their sole discretion.
The supply of Products on the Platform is only an attempt to lower food waste and neither the Store and/or Individual is obligated to supply the Product
A claim order made by the Individual via the Platform (“Claim Order”) is considered an offer by the Customer to the Store to claim a Product.
The Claim Order shall be accepted by the Store upon Pick-up. A reservation made by a Store or Individual may be cancelled by either party without any final and/or binding agreement upon the Store and/or Individual to Pick-up of the Product (as defined below)..
7. RESERVATION CONFIRMATION
Upon receiving the Claim Order, EETZ RESCUE will begin processing it by sending the claim to the relevant Store. EETZ RESCUE will notify the Individual, that the Claim Order has been received (“Claim Confirmation”) and is being processed. Please note that any confirmation page that the Individual may visit on the Platform merely indicates that the reservation has been received and is being processed and that the reservation is the process of being accepted by the Store.
The Claim Confirmation should be saved by the Individual. The Claim Confirmation will contain information regarding the Claim being placed by the Individual.
Please note that the Claim Confirmation does not mean that the reservation is accepted, but is merely a confirmation of receipt of the Claim.
8. RIGHT OF CANCELLATION
EETZ RESCUE’s concept is to avoid waste of food and other products and therefore, if the Store has no Products in excess, and/or for any reasons decides upon cancelling the Post, the Store may cancel the Claim Order at any time and even up until minutes before the beginning of the agreed time of Pick-up (as described below). In this case, the Individual will receive a cancellation notification from EETZ RESCUE or the Store via email and/or SMS/and or a notification from the Platform provided that the contact information provided to EETZ RESCUE is correct, and that the Individual has agreed to receiving such notifications.
Since the Products are perishable goods and since EETZ RESCUE’s concept is to avoid waste of food and other products, the Individual can only cancel the Claim Order up until one hour before the beginning of the agreed time of Pick-up. However, the Individual may cancel the Claim 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 Individual to EETZ RESCUE via an email to: [email protected]. If the Individual cancels the Claim order outside of the rights set out above, the Individual may be subject to being blocked from future use.
9. PICK-UP
Products reserved on the Platform must be picked-up by the Individual at the stated pick-up address (“Pick-up”). The Pick-up time may be agreed upon in the Platform if not already specifically set by the Store. Store description and details about when and where the Products can be picked up will appear on the Platform and is stated in the Claim Confirmation as well. If the Individual arrives at the Pick-up address before the specified pick-up time, we ask him or her to please wait until the agreed upon time. Be aware that if the Individual arrives too late, the Store may be closed and/or the Product may be unavailable.
Since the Products are perishable goods and since EETZ RESCUE’s concept is to avoid waste of food and other products, the Store may be entitled to provide the Product to another Individual if the Individual does not Pick-up the Claim Order within the time period set out in the Claim Confirmation. In this event, EETZ RESCUE is entitled to cancel the Product (as defined below) from the Individual.
Upon Pick-up, the Individual shall show his or her Claim Confirmation in the EETZ RESCUE app to the Store’s employees, after which they are entitled to receive the Products posted. It is the Individual’s responsibility to ensure that the Claim Confirmation in the app can be shown at Pick-up. The Individual is required to make sure that the Products and number of Products handed out correspond to the Individual’s Claim.
10. PRICE
There are not intended to be any Products with prices in the Platform.
Any value of the Products stated on the Platform is a minimum value that the Products had before not been sold as surplus food. These values are to be determined by the North Texas Food Bank.
11. PAYMENT
The Individual is not expected to pay for anything made available on the Platform and this will continue until further notice.
EETZ RESCUE may amend, modify or restructure the pricing and payment policy and terms procedure for Stores and Individuals, as it deems necessary.
EETZ RESCUE does not store any debit or credit card information.
By accepting these Terms, the Individual and Stores accepts and acknowledges and agrees that EETZ RESCUE is not responsible or liable for any payments in relation to the above.
12. RIGHT OF COMPLAINT
In case of a complaint concerning a Product, the Individual and/or Store shall address EETZ RESCUE support ([email protected]) before considering any other action. EETZ RESCUE will handle all claims as it deems correct and any decision by EETZ RESCUE regarding the Product is entirely up to EETZ RESCUE.
In the event that the intervention of EETZ RESCUE is not to the satisfaction of the Individual, these Terms do not limit the means available to the Individual to resolve the dispute it has with the Store. The Products are considered covered by the Bill Emerson Good Samaritan Law and/or other similar legislation regarding free surplus food in the USA.
The Individual shall verify the content of the Products upon receipt.
In case of a complaint, the Individual shall contact EETZ RESCUE via the complaint email on the Platform and provide the requested information and information about the Products and why the Individual is unsatisfied. After receiving the complaint, EETZ RESCUE will process the complaint in cooperation with the Store if relevant and the Individual will receive a reply from EETZ RESCUE within 10 business days.
In case the Individual is not satisfied with EETZ RESCUE’s reply, the Individual may submit a complaint to the relevant consumer protection authority in the USA.
13. INDIVIDUAL REVIEWS
In particular (but without limitation), any reviews that the Individual 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.
EETZ RESCUE does not control, modify or edit any reviews posted, except that EETZ RESCUE 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 EETZ RESCUE. Reviews reflect the opinions of Individuals who have made claims 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, EETZ RESCUE assumes no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the Individual may encounter in any such reviews.
EETZ RESCUE is entitled to archive the reviews.
The Individual 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. INDIVIDUAL BEHAVIOR
Individuals are requested to show respect for the Store´s guests and personnel, as well as EETZ RESCUE´s personnel.
The Individual is informed that in case of inappropriate behavior towards the Store, the other Store customers, or EETZ RESCUE, or if the Individual commits a crime against or in the Store in connection with the Service, or violates the code of conduct rules of the Store or EETZ RESCUE or any other similar behavior, EETZ RESCUE may, in particular after complaints made by the Store, ban, exclude or suspend the Individual from the Platform and the Services. The intervention of EETZ RESCUE does not deprive the Store of the means and rights at its disposal to obtain possible reparations.
15. LIMITATION OF LIABILITY
EETZ RESCUE 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) Claims by Individuals made using fraudulent information or other contractual data (e.g. the “phishing” of 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).
EETZ RESCUE is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside EETZ RESCUE’s control. Such circumstances may be but is not limited to disruptions in the operation of EETZ RESCUE 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.
EETZ RESCUE 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, EETZ RESCUE´s liability is limited to the provisions set out in the Bill Emerson Good Samaritan Law.
16. INTELLECTUAL PROPERTY
The Individual 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 Individual 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 EETZ RESCUE or EETZ RESCUE’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 Individual may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause 16 and the Individual may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
The Individual shall ensure that EETZ RESCUE’s status as the author of the material on the Platform is always acknowledged and referenced.
The Individual is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from EETZ RESCUE to do so.
Except as stated in this clause 16, 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 EETZ RESCUE’s prior written permission.
17. GOVERNING LAW
These Terms (and any Claim) are subject to the laws of the Country in which the Store, from which the Claim 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 litigated by the courts of Dallas, TX USA.
Irrespective hereof, the Individual may always submit a complaint to the relevant consumer protection authority in the state from which the claim or post was made.
