FED UP CARIBBEAN USER TERMS AND CONDITIONS

1. THE FED UP CARIBBEAN MOBILE APPLICATION

1.1 Fed Up Caribbean’s mission is to reduce food waste across our Small Island Developing States and, in so doing, contribute to regional food security and socioeconomic resilience. The Fed Up Caribbean Mobile Application (App) is a platform enables retailers to offer excess, imperfect and pre-Best Before Date inventory at reduced prices, effectively reducing waste while providing cost- saving opportunities for

consumers.

1.2 The App empowers consumers, referred to as “Users” to rescue food from farmers, vendors, retail and food service businesses such as supermarkets, bakeries, caterers, canteens, restaurants, manufacturers and other businesses with surplus food (referred to as “Vendors”). Our App facilitates Users to find participating Vendors on the App and reserve surplus food.

1.3 Fed Up Caribbean does not own, control, offer or manage the quality, quantity nor any aspect of the surplus food items made available by Vendors for Reservation. Fed Up Caribbean is also not a party to the sale of the food, surplus or otherwise, that Vendors offer via the App.

2. USER TERMS AND CONDITIONS

2.1 These User Terms and Conditions (“UTCs”) are a binding legal agreement between the User and Fed Up Caribbean (“Fed Up”) that govern the use of the Fed Up websites and App. Under these UTC, the words “Fed Up”, “we”, “us” and “our” refers to the Fed Up Caribbean entity with whom the User, also referred to as “you” and “your”, are contracting. By accessing or using any part of Fed Up, you accept, without limitation or qualification, these UTCs. If you do not agree with these Terms, you are prohibited from using any portion of the Fed Up entity. The registration of a User Account (as defined below) requires your express acceptance of these UTCs.

2.2 These UTCs define the relationship between you, the User, as you interact with Fed Up and use our website and App.

2.3 These UTCs include all company 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 the applicable jurisdiction.

By accepting these UTCs, you confirm that you have read and accepted our Privacy Policy.

3. THE FED UP WEBSITE AND APPLICATION

3.1 How to save a meal from waste using our App.

Users can browse through a variety of discounted food items based on their tastes and dietary preferences.

Users reserve items directly through the App and complete their purchase in-store, or arrange for pickup with Vendors who may not have a storefront.

3.2 User Account.

3.2.1 Your User account is the means by which you manage the details of your relationship with Fed Up and use the App to make reservations with Stores. You are required to register by creating an account on the App by providing us with all the information required through the account registration process (which may be changed / updated from time to time). You must keep your Account information complete, accurate and updated. Any failure to provide or maintain this information may adversely impact the functionality of your User experience on the App.

3.3 Reservations / Reserving Surplus Food.

A list of registered Vendors with available Surplus Food 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 or other options made available in the App from time to time.

You may reserve Surplus Food made available for sale by a Vendor by placing a Reservation with a Store you select via the App.

By making a Reservation you reserve the Surplus Food which may potentially be available from a Store. In the event that a Vendor does not have the quantity of surplus food available that they originally projected, the Vendor may cancel the reservation.

A Reservation is not a purchase, rather it’s an offer by you to the Vendor to reserve a specific quantity of potentially available Surplus Food for Pick-up at the Store. The purchase of the reserved Surplus Food takes place upon Pick-up at which time the purchase is exclusively concluded between you and the Vendor.

3.4 Reservation Confirmation.

Once the Vendor receives the Reservation via the App, the Vendor will confirm the Reservation and provide you with an order identification number (referred to as a “Reservation Confirmation”) that is valid for a specified time after which this Reservation expires, or is cancelled by the Vendor, whichever occurs first. It is your responsibility to ensure that the Reservation Confirmation in the App can be shown to the Vendor for validation upon Pick-up and purchase.

3.5 Pick-up.

You must retrieve the Surplus Food 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 Vendor will conduct the actual purchase / sale transaction. If you do not Pick-up the Reservation within the time period set out in the Reservation Confirmation, the Surplus Food may no longer be available.

3.6 Reservation cancellation.

On occasion, a Vendor may not have the Surplus Food that it posted on the App or the Surplus Food may not meet the User’s expectations. For reasons such as this as well as similar ones, Reservations may be cancelled by either the User, the Vendor, or Fed Up.

3.6.1 Cancellation by the User

You may cancel a Reservation within the App at any time within the stipulated timeframe of the Reservation. If the Reservation is not honored by the User within the stipulated timeframe, it is automatically cancelled.

3.6.2 Cancellation by the Vendor

Vendors may cancel Reservation within the stipulated timeframe. If this occurs, the User will receive a cancellation notification via email provided that the inputted the correct contact information on the App and agreed to receive such notifications.

3.6.3 Cancellation by Fed Up

Reservations may be cancelled by Fed Up at its discretion and/or when necessary, as in the event of a recall, dispute, or other matter deemed appropriate.

4. CONTENTS OF SURPLUS FOOD

4.1 Fed Up does not own, control, offer or manage any listings of Surplus Food that Vendors make available via the App. We do not manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Surplus Food. We have no responsibility or liability for the contents of the Surplus Food (including the quality, ingredients, and allergens), for the information provided by the Vendors or for the availability of information regarding the Surplus Food on the App. We are exclusively an intermediary and, as a result, we are not a party to the sale of the Surplus Food posted on the App. If a User has any questions regarding the Surplus Food posted on the App, the User should contact the relevant Vendor via its contact information provided on the App.

4.2 Upon Pick-up / Reservation Confirmation, the Store is responsible for providing you with information regarding the ingredients, allergens and other information regarding the Surplus Food. Fed Up is not responsible for any ingredient, allergy, caloric or other nutritional information provided by the Vendors or otherwise found on the App nor will we assume any liability for any adverse reactions from the consumption of or any interaction with the Surplus Food for any reason. It is the joint responsibility of the User and the Vendor to confirm whether any allergens are present in the Surplus Food. If the User is in doubt about the contents of the Surplus Food or any other relevant information, such as nutrition facts and allergy warnings, the User is responsible for confirming same with the Vendor directly before the conclusion of Pick-up / Reservation Confirmation.

5. PRICE, PAYMENT, REFUNDS

5.1 Price. The Surplus Food that is posted by the Vendor with both the original price as well as the discounted price. All prices are indicated in the currency of the country in which the Vendor is located. Prices are inclusive of applicable Sales Tax, Value Added Tax (VAT), etc.

5.2 Payment. At this time, payment is strictly to be conducted between the User and the Vendor. Fed Up is not involved in the payment process.

5.3 Refunds. The Refund Policy is the domain of the relevant Vendor(s). Fed Up is not a party to any applicable refund policy nor process.

6. USER COMPLAINTS

6.1 User complaints may be submitted through the App’s Contact Us section. The User must include the Reservation Confirmation, Vendor Name, Reservation Date and Time, and details of the complaint. Upon receiving the complaint, Fed Up will process the complaint in accordance with its relevant Standard Operating Procedures. These UTCs do not limit the means otherwise available to the User to resolve any dispute it has with the Vendor under applicable law.

7. USER RESPONSIBILITIES

7.1 The User is always responsible for the activity that occurs on its Account, and are required to notify Fed Up, within a reasonable timeframe, of any change in its eligibility to use or access the App, or any breach of security or unauthorised use of its Account.

7.2 As a condition to use the App and access its Account, the User is required to comply with all applicable laws and regulations at all times in connection with the use of the App.

7.3 User behaviour. Users are expected to show respect to Fed Up’s as well as the Vendor’s Management and Staff. If a User acts inappropriately towards a Vendor or Fed Up, or if it commits a crime against or at the Vendor in connection with the App, or violate the applicable Code of Conduct, Rules (or similar) of the Vendor or Fed Up or any other similarly unacceptable behaviour, Fed Up may, ban, exclude or suspend that User from the App. The action by Fed Up does not preclude the Vendor of the means and rights at its disposal to obtain possible reparations or other remedies.

7.4 Reviews. Users have the opportunity to submit Vendor and / or Surplus Food reviews on the App. While Fed Up does not validate nor verify User reviews, any reviews that are submitted through the App must be accurate and never contain any discriminatory, offensive, or defamatory language. In the event of non-compliance, any action by Fed Up does not preclude the Vendor of the means and rights at its disposal to obtain possible reparations or other remedies.

7.5 Fed Up Code of Conduct.

When using the App and accessing its Account, the User acknowledges that it is responsible for all of its activity in connection with Fed Up App, which includes acknowledgment and agreement with the following:

To not use the Fed Up App for any illegal purpose or any other purpose that is prohibited by these Terms.
To comply with the age requirements of an adult as per your jurisdiction.
To pay the listed price for the Surplus Food reserved through the App and Pick-up.
To only place Reservations that you intend to Pick-up.
To not engage in inappropriate behaviour towards: (i) a Vendor including its agents or employees; and / or (ii) Fed Up including its agents or employees.
To acknowledge and agree that you have not created other Fed Up Accounts in response to ones that have been suspended or terminated by TGTG for violations of our terms, policies, or applicable laws or regulations.
To not use any automated systems, artificial intelligence, robots or software to extract data from the Fed Up App.
To 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 Fed Up App that: (i) is known to be 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.
To not: (i) take any action that imposes or may impose (as determined by Fed Up in its 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 Fed Up App or any activities conducted on the Fed Up App and / or Website; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Fed Up App and / or Website (or other accounts, computer systems or networks connected to the Fed Up App and / or Website); (iv) run any form of auto-responder or “spam” on the Fed Up App and / or Website; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Fed Up App and / or Website; or (vi) harvest or scrape any content from the Fed Up App and / or Website.
To 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 Fed Up App and / or Website (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 Fed Up App and / or Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that are received by the User hereunder.
To abide by all applicable laws and regulations in connection with your use of the Fed Up App and / or Website.
To not access or use the Fed Up App and / or Website if you are a direct competitor, or an agent of Fed Up’s direct competitor, except with Fed Up’s express prior written consent.
You will not access the Fed Up App and / or Website for any commercial purposes (including for the purposes of copying or reproducing any material or content on the Fed Up App and / or Website, monitoring the availability, performance or functionality of the Fed Up App and / or Website, or for any other benchmarking or competitive purposes).

8. DATA USE AND PRIVACY

8.1 Fed Up values User Privacy and its App complies with applicable Information Security and Privacy Policies. Fed Up collects and processes User personal data (please refer to Fed Up’s Privacy Policy.

9. INDEMNITY AND LIMITATION OF LIABILITY

9.1 You, the User, agree to indemnify, defend and hold harmless Fed Up and its 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 Fed Up App and Website; (ii) breach of these User Terms and Conditions (UTC); and (iii) violation of any applicable laws or regulations.

9.2 Fed Up shall not be liable for any losses or damages arising out of or in connection with the following: (i) acts or omissions of a Vendor or third party including but not limited to the contents of Surplus Food; (ii) your use of the Fed Up App and Website; (iii) availability of the Fed Up App and Website or Surplus Food; (iv) content of sites to which the Fed Up App and Website links; and (v) circumstances outside of Fed Up’s control.

9.3 To the maximum extent permitted by law, Fed Up shall not be liable for indirect or consequential damages. To the maximum extent permitted by law, Fed Up shall not be liable for any damages exceeding the amounts Fed Up collected from you (if and when Fed Up facilitates payments via its App and Website) for the Surplus Food purchased by the User in the 12 months preceding the first event that gave rise to the User’s claim. Outside of this, Fed Up is not a party to the purchase of the Surplus Food by the User.

10. INTELLECTUAL PROPERTY

10.1 The Fed Up App, Website and the services offer via the App and Website, 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 Its sole and exclusive property except for content owned by third parties who have authorised Fed Up to display content. Except as expressly set forth in these Terms, no licence or any other right is granted to any User, third party or its agents.

10.2 By using the Fed Up App and Website, the User agrees not to copy, distribute, modify, or make derivative works of any content without Fed Up’s prior written consent. The Fed Up App and Website nor any part of the Fed Up App and Website may be reproduced or stored in any other system or platform or included in any public or private electronic retrieval system or service, without Fed Up’s prior written permission.

10.3 Feedback. If the User provides ideas or suggestions regarding the Fed Up App and Website, advertising or promotions, merchandising of Surplus Food, additions to our services or changes in methods of doing business (“Feedback”) Fed Up is free to fully exploit such Feedback. The User understands and acknowledges 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 Fed Up to use the Feedback, you, the User, hereby grants Fed Up 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, the User, and / or its agents.

11. SUSPENSION AND TERMINATION

11.1 Fed Up is entitled to suspend or terminate Users’ access to the App including the deletion of User Accounts at any time at Fed Up’s reasonable discretion without any liability. Examples of scenarios where this may happen are:

Material or repeated breach of these UTCs.
Being required to do so to comply with a legal requirement or a court order.
Reasonable belief that the User’s conduct causes harm or liability to Fed Up, a Vendor, or a Third Party – for example, by hacking, phishing, harassing, spamming, misleading others or scraping content that is not the User’s property.
Determination that the User has acted in a manner that is abusive or disrespectful to a Fed Up employee, agent, partner, user, or other Fed Up customer.
The User is located in a sanctioned country or are on a sanctioned persons list.
The User is inactive on the App for an extended period of time.
The User created or attempted to create a new Account after suspension or termination of another Fed Up Account.

11.2 We encourage our Users to contact us, if you believe that your Account has been suspended or terminated in error.

12. MISCELLANEOUS

12.1 No Warranties. Fed Up App and Website is made available to Users on an “as is” and “as available” basis. Fed Up disclaims 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, Fed Up can be held only to the express promises made to the User under these UTCs.

12.2 Blocking User access or refusing to process a payment (if and when applicable): The Fed Up App may be available for use in many countries throughout the world, hence applicable laws would apply in the relevant countries. Fed Up may block a User’s access, terminate its Account, or refuse to process a payment if there is reasonable belief of a material risk. Please note that Fed Up may take any of these actions without notice.

12.3 Changes to these Terms. Fed Up can make changes to these UTCs at any time. When these UTCs are updated, Users will receive update notifications via the App. The updated UTCs will not apply retroactively to your use of the Fed Up App and Website. A User’s continued access to or use of the Fed Up App and Website or your Account will constitute acceptance of the revised UTCs. If a User does not wish to continue using the Fed Up App and Website subsequent to the effective date of the updated UTCs, the User can cancel its agreement to the UTCs by deleting its Account.

12.4 Third Parties. The User understands and acknowledges that Fed Up App and Website does not provide, endorse, or guarantee any third party product, service or information including products of Vendors on the App. The Fed Up App and Website may contain links to other websites not maintained by Fed Up. Other websites and apps may also reference or link to the Fed Up App and Website. Fed Up encourages its Users to be aware to read the terms and conditions and privacy statements of each and every Third Party website and app that they visit. Fed Up is not responsible for the practices or content of such other websites and apps.

12.5 Severability. If any part of the UTCs 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 Fed Up 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. The Fed Up entity with which you contracted with is based on your location. These Terms will be interpreted in accordance with the laws of the location you Pick-up your Surplus Food regardless of conflict of laws rules unless laws applicable in your place of primary residence require other laws to apply. Any claims must be brought in the location where you Pick-up the Surplus Food unless laws applicable to you require another location. Any disputes will be resolved exclusively by the dispute resolution method set out in these UTCs.

12.8 Resolving Disputes. Most User concerns can be resolved quickly and to everyone’s satisfaction by contacting Fed UP directly through the stipulated Contact Information. If Fed Up is unable to resolve any User complaint to its satisfaction, both Parties 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.

12.9 Class Action Waiver. The User agrees 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, the User and we, Fed Up acknowledge and agree that we each waive the right to a trial by jury.

12.11 Fed Up 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 UTCs, 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 Fed Up. If you have any questions about these Terms please reach out to us via info@fedupcaribbean.com.