Terms & Conditions.
Last modified: January 2021.
- Introduction
Welcome to the MealPass App, which is owned by MealPass, Inc. registered in the state of Delaware, 651 N Broad St., Suite 206, in the City of Middletown, ZIP code 19709 and County of New Castle – USA.
MealPass’s purpose is to reduce food insecurity and food waste by making excess unsold 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 claim of Products is between the Customer and the relevant Store. MealPass has no control over the actions or omissions of any Stores.
These terms and conditions (“Terms”) issued by MealPass apply to any donation of Products carried out via the MealPass websites or the MealPass app (“Platform”) to users.
While MealPass tries to ensure that the Platform is normally available twenty-four (24) hours a day, MealPass does not undertake any obligation to do so, and will not be liable to the User if the Platform is unavailable at any time or for any period.
When placing an order on the Platform, the User confirms:
- to be a consumer Claiming food for personal purposes
- to be minimum 18 years old.
When placing an order, the User accepts these Terms and therefore the User is required to review the Terms thoroughly before placing an order on the Platform.
By accepting these Terms, the User agrees to receive all relevant information in English. Furthermore, the User accepts that all agreements between the User and MealPass will be stored by MealPass for a period of 2 years.
Furthermore, by accepting these Terms, the User agrees to receive emails, text messages and push notifications related to any orders placed by the User. This is required in order to ensure that the User receives all essential notifications related to the order.
MealPass reserves the right to revise and amend the Terms from time to time. The Users order will be subject to the Terms applicable at the time when the User placed the order, (see clause 4).
2. MealPass contact information and customer service
MealPass
651 N. Broad St., Suite 206
Middletown
Delaware, ZIP 19709
United States of America
info@mealpass.org
3. Products
MelaPass is exclusively arranging the contract between the User and the Store and MealPass has no responsibilities in respect of the Products or fulfilment of the contract between the Store and the User. The products collected by the User on the MealPass platform are for immediate consumption after pickup unless otherwise stated in the description and/or by the store.
MealPass does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the donated Products. MealPass has no responsibility for the fulfilment of the contractual obligations towards the User or 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 User 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 User the best prerequisites for evaluating selected Products before making the claim. There may be instances where the Platform is not updated and where the actual product range, stocked item etc. is not as stated on the Platform. In such cases, MealPass is of no liability. Stores are responsible for providing information about the Products and ensuring that it is factually accurate and up-to-date. MealPass does not undertake any such responsibility. If the User is in doubt about allergy warnings, contents of a dish or any other menu information, the User shall confirm with the Store directly before ordering.
4. Ordering of Products
A list of Stores can be found in the app. If the User has allowed the app to use location services, the app will track the Users location and the app will show a list stores nearest the User. Once the User has selected the Store and Product, the User will be given the opportunity to submit his or her order by clicking “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 MealPass will start processing the order and errors cannot be corrected.
The supply of Products on the Platform is only an invitation to the User to place an order.
Upon receiving the order, MealPass will begin processing it by sending the order to the relevant Store. MealPass will notify the User, that the order has been received and is being processed. Please note that any confirmation page that the User 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 User and the Store is not final until the User has received an electronic receipt in the app (“Order Confirmation”).
Please note that due to the nature of the Concept, Products may be sold out. MealPass accepts no liability in this regard. The Store may cancel the order placed by the User until two hours before pick-up time. If a Store cancels an order the User will receive an email and/or an SMS (provided that the relevant contact information given by the User is correct).
5. Order Confirmation and invoice
After placing the order, the User will receive an Order Confirmation on the Platform. This means that the order is accepted (subject to cancellation as set out herein). The User should save the Order Confirmation. The Order Confirmation will contain information regarding the order placed by the User and the Users name, address, payment information, the Products ordered, time and place of pick-up and a link to the Terms accepted by the Customer.
5. Pickup
Products ordered on the Platform must be picked-up by the User at the stated pick-up address. The pick-up time will normally be a time period of 10-30 minutes but can be both shorter and/or longer. Store description and details about when and where the Products can be picked up will appear on the Platform and in the Order Confirmation. If the User arrives at the pick-up address before the specified pick-up time, the User should wait outside for the sake of the Store’s other customers. If the User arrives late, the Store may be closed. Users are requested to show respect for the Store´s other guests and personnel. Any unacceptable behaviour may lead to the User being banned from the Platform and the Store.
If the User does not pick up the order on time, the Store is entitled to donate the Product to another party, without any liability to the User.
Upon pick-up, the User must show his or her Order Confirmation in the MealPass app to the Store’s employees, after which they will “swipe” the receipt and hand out the Products ordered. It is the Users responsibility to ensure that the Order Confirmation in the app can be shown at pick-up. The User is required to make sure that the Products and number of Products delivered correspond to the Users order.
MealPass 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, MealPass is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside MealPass control. Such circumstances include but are not limited to disruptions in the operation of MealPass 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.
6. Right of cancellation
Since the Products are perishable goods, the User is not entitled to cancel the order less than 1 hour before the time of pick-up or after the time of pick-up.
However, the User may cancel the order up to 1 hour before the beginning of the pick-up time.
Due to the nature of the Concept, MealPass 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 surplus food. In this case, the User will receive a cancellation notification from MealPass or the Store via email and/or SMS provided that the contact information provided to MealPass is correct.
The reason for the cancellation rights described above is to ensure that the food is used and thereby to limit food waste.
7. Right of complaint
It is advised, that the User verifies the content of the deliveries upon receipt. Donated and free food cannot be returned.
In case of a complaint, the User shall contact MealPass by sending an email with the order no. and information about the Products and why the User is unsatisfied. After receiving the complaint, MealPass will process the complaint in cooperation with the Store if relevant and the User will receive a reply from MealPass within 3 business days.
8. User behaviour
If a User in any way misbehaves, insults the employees or other customers of a Store or MealPass, commits a crime against or in the Store or MealPass, violates the code of conduct rules of the Store or MealPass or conducts similar behaviour, MealPass may, at MealPass discretion, ban or suspend the User from the Platform and the Services.
9. Intellectual Property
The User 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 User 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 MealPass or MealPass licensors. Copyright laws protect these works 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 User may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause 12 and the User may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- The User shall ensure that MealPass status as the author of the material on the Platform is always acknowledged and referenced.
- The User is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from User to do so.
Except as stated in this clause 9, 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 MealPass prior written permission.
10. Governing law
These Terms and any contract for the donation of Products are subject to the laws of the country in which the Store is located.