Terms & Conditions

User Terms & Conditions Effective 17 February 2025 Thank you for using Rescue Eats in our mission to reduce food waste! Joining the Rescue Eats movement 1.1 We envision a world without food waste. Rescue Eats’ mission is to raise awareness and actively reduce food waste. Our platform empowers businesses and consumers to work together by rescuing surplus meals that would otherwise be discarded (referred to as the “Rescue Eats Platform” or simply the “Platform”). By using the Marketplace, you play a vital role in ensuring that all food produced is consumed, helping to create a more sustainable future. 1.2 To support this goal, we keep things simple by providing an easy-to-use platform that empowers consumers like you—referred to collectively as “users” (in these User Terms, we use “you” or “user”)—to save surplus meals from businesses in food service industries. These include supermarkets, bakeries, restaurants, manufacturers, and other establishments with excess food (each referred to as a “Store”). Our Marketplace connects you with Stores, allowing you to reserve surplus food. Stores participate by listing a set number of bags filled with their extra food, making them available for reservation (each referred to as a “Rescue Bag”). 1.3 As you use our Marketplace, please note that Rescue Eats does not own, control, manage, or determine the contents of any Rescue Bags offered by Stores for reservation. Additionally, Rescue Eats is not a party to the sale of the food provided to you by Stores through Rescue Bags. What’s covered in these Terms 2.1 These User Terms (“Terms”) form a legally binding agreement between you and Rescue Eats, governing your use of the Rescue Eats websites and media (collectively, the “Rescue Eats Marketplace”). Throughout these Terms, “Rescue Eats,” “we,” “us,” and “our” refer to the Rescue Eats entity listed in Schedule 1 with whom you are contracting. By accessing or using any part of the Rescue Eats Marketplace, you agree to these Terms without limitation or qualification. If you do not agree, you may not use any portion of the Marketplace. Registering an Account (as defined below) requires your express acceptance of these Terms. 2.2 These Terms outline how Rescue Eats operates and define the responsibilities within our relationship with you. They serve as a framework for your interactions with us and your use of the Rescue Eats Marketplace. Specifically, these Terms detail: What you can expect from us and the Rescue Eats Marketplace. What we expect from you, including the rules for using our Platform. What to expect from Stores, outlining the key aspects of your interactions with them through our Platform. 2.3 It’s important to understand these Terms because by using the Rescue Eats Marketplace, you agree to abide by them. These Terms include all operational policies referenced here or published on our Marketplace, which may be updated from time to time. This includes, but is not limited to, our Cookie Policy and the applicable Privacy Policy for your region. By accepting these Terms, you confirm that you have read and agreed to our Privacy Policy. Using Rescue Eats 3.1 How to save a meal from waste using Rescue Eats. The Rescue Eats Platform offers a simple way for you to rescue surplus meals in just four easy steps: A Store using Rescue Eats makes a Rescue Bag available for reservation. The Platform displays a list of Stores with available Rescue Bags. If you enable location services, the Platform can show options near you. You select a Store and place a reservation for an available Rescue Bag. You pick up your reserved Rescue Bag at the designated Store within the specified time frame (see section 3.5 for Pick-up details). 3.2 User Account. Your Rescue Eats user account allows you to manage your relationship with us and make reservations with Stores through the Platform. To use the Platform, you must register and create an account (“Account”) by providing all required information during registration or at any time afterward. It is your responsibility to ensure that your Account information remains complete, accurate, and up to date. Failing to do so may affect our ability to provide you with our services. 3.2.1 You should never: Select or use a username that impersonates another person. Choose a username that belongs to someone else without proper authorization. Use a username that is offensive, vulgar, or obscene. Access or use another person’s Account or registration details. Share your Account with others. Publish, distribute, or disclose login credentials for your Account or someone else’s. 3.3 Reservations. You can reserve Rescue Bags offered by a Store by placing a reservation (“Reservation”) through the Platform. A list of active Stores with available Rescue Bags is displayed within the Platform. The list of Stores shown to you is based on various criteria, which you can filter, such as geographical location, pick-up time, or other available options. Here are two important points to keep in mind: When you make a Reservation, you are reserving a Rescue Bag that may be available from a Store. However, availability is not guaranteed. For example, if a Store has less surplus food than expected, it may need to cancel the Reservation (see section 3.6). A Reservation is not a purchase but an offer to reserve a Rescue Bag that may be available for pick-up. The actual purchase occurs when you pick up the Rescue Bag from the Store (see section 3.5), at which point the transaction is exclusively between you and the Store. 3.4 Reservation Confirmation. Once we receive your Reservation, we will process it by sending the details to the relevant Store. You will receive a notification confirming that your Reservation has been received, along with an order identification number (a “Reservation Confirmation”) that can be used to redeem your Rescue Bag at the Store. It is your responsibility to ensure that the Reservation Confirmation is accessible in the Platform and can be presented to the Store, and swiped by you upon pick-up. 3.5 Pick-up. You must pick up the reserved Rescue Bag at the designated location during the time window specified in the Platform and the Reservation Confirmation (“Pick-up”). When picking up the bag, show your Reservation Confirmation in the Platform to the Store, and the Store will provide the Rescue Bag once you swipe the receipt in the Platform. Always verify that the Rescue Bag you receive matches your Reservation. If you fail to pick up the Rescue Bag within the time period outlined in the Reservation Confirmation, it may no longer be available, and we reserve the right to charge you for the Reservation Price (as defined below). 3.6 Reservation cancellation. Sometimes, Stores may not have the expected surplus food, or the available food may not meet your satisfaction. For these reasons, as well as others, Reservations may be canceled by you, the Store, or Rescue Eats. 3.6.1 Cancellation by you In Platform - You can cancel a Reservation within the Platform at any time before the earlier of: (i) the completion of Pick-up or (ii) the end of the Pick-up time specified by the Store. In Store - You can cancel your Reservation at the Store for any reason, at any time before picking up your reserved Rescue Bag. To do so, you must notify us of your cancellation via the complaint link in the Platform. 3.6.2 Cancellation by Store - In general, Stores may cancel your Reservation up to one (1) hour before the scheduled Pick-up time. However, in certain cases, a Store may cancel after this one-hour window, such as if they run out of the surplus food they expected to have available. If a Store cancels, you will receive a notification via email, SMS, and/or the Platform, provided that you have provided correct contact information and agreed to receive such notifications. 3.6.3 Cancellation by Rescue Eats - We may cancel Reservations at our discretion when necessary, such as in the event of a recall, dispute, or any other situation that we believe warrants such action. 4. Contents of Rescue Bags 4.1 Rescue Eats’ role. As the provider of the Rescue Eats Marketplace, we do not have insight into the contents of Rescue Bags. We do not own, control, handle, offer, or manage any listings of Rescue Bags made available by Stores. Additionally, we do not manufacture, sell, purchase, store, prepare, produce, process, label, package, deliver, or otherwise handle Rescue Bags. We bear no responsibility or liability for the contents of Rescue Bags, including their quality, ingredients, or allergens, nor for the accuracy or availability of information provided by Stores on the Platform. Our role is solely as an intermediary, meaning we are not a party to the sale of the food that Stores provide to you in Rescue Bags. If you have any questions about a Rescue Bag listed on the Platform, please contact the relevant Store directly. The Store’s contact information can be found within the Platform. 4.2 Store’s role. At the time of Pick-up and before swiping the Reservation Confirmation, the Store is responsible for providing you with information about ingredients, allergens, and other labeling details, as well as the actual contents of the Rescue Bag. We do not assume responsibility for any ingredient, allergy, caloric, or nutritional information provided by Stores or displayed on the Platform, nor are we liable for any adverse reactions related to the contents of the Rescue Bag. It is your responsibility, along with the Store’s, to verify the presence of any allergens in the Rescue Bag. If you have any doubts regarding allergy warnings, the contents of a Rescue Bag, or other related information, you should confirm the details directly with the Store before completing the Pick-up. 5. Price, payment, refunds 5.1 Price. The stated value of Rescue Bags on the Platform reflects the minimum price the items would have had if they were not sold as surplus food. All prices are displayed in the local currency of the country where the Store is located. For Reservations made in the US, prices are exclusive of applicable sales tax. 5.2 Rescue Eats as Store’s agent for collecting payments. The Reservation Price you pay is collected by us on behalf of the Store. Stores have authorized Rescue Eats to accept payments from you on their behalf, fulfilling your payment obligation for the Rescue Bags you reserve and purchase from the Store. 5.3 Packaging and other fees. In certain locations, regulations may require the addition of a packaging fee or other charges for Rescue Bags. If applicable, these fees will be clearly displayed in the Platform. 5.4 Payment process. The payment process may vary slightly depending on the selected payment method due to internal procedures of the payment provider. However, the typical flow for common credit cards is described below. When you place a Reservation, the price listed on the Platform by the Store for the Rescue Bag (“Reservation Price”) is reserved on your selected payment method. Completing a Reservation in the Platform authorizes us to hold the Reservation Price on your chosen payment method. The Reservation Price is charged to your Account upon Pick-up or at the end of the Pick-up window if the reserved Rescue Bag is not collected and the cancellation falls outside the parameters outlined in Section 3.6.1. However, if local laws or regulations require a different procedure, they will take precedence. If a Reservation is canceled in accordance with Section 3.6 of these Terms, the reserved amount will be released or refunded if you were already charged, without any additional compensation. Some payment methods may trigger an immediate charge due to the payment provider’s internal processes. Rescue Eats reserves the right to amend, modify, or restructure the payment procedure for its users at any time, as deemed necessary. 5.5 Payment method. When you complete a Reservation, the Reservation Price will be reserved on the payment method linked to your user profile in the Platform (e.g., credit card). You can pay using accepted debit or credit cards or other available payment methods offered in the Platform. If paying with a debit or credit card, you will need to provide necessary details such as your card number, expiration date, security code, and any other required information. This information is collected, stored, and processed securely by Rescue Eats’ payment service provider. Rescue Eats does not have access to your payment details. 5.6 Refunds. At our discretion, we may issue refunds to resolve issues such as complaints or recalls. In such cases, we may refund users for some or all of the amounts paid in connection with a Reservation or Pick-up. All refund requests must be submitted within 30 days after the Pick-up window has ended. Requests made after this period will not be eligible for a refund. 6. User complaints 6.1 Complaints should be submitted through the Help Center in the Account section of the Platform before taking any further steps. Please include the reason for your dissatisfaction and any additional information we may request. Once we receive your complaint, we will handle it according to our internal procedures and, if necessary, in cooperation with the Store. These Terms do not limit your rights to resolve any disputes you may have with the Store under applicable law. 7. Your responsibilities 7.1 While we can’t cover every detail here, we’ve highlighted some key aspects of your relationship with Rescue Eats. As you use our Platform, please remember that you are always responsible for the activity on your Account. If there are any changes to your eligibility to use or access the Platform, or if there is any security breach or unauthorized use of your Account, you must notify us immediately. 7.2 To use the Platform and access your Account, you must adhere to all relevant laws and regulations at all times while using the Rescue Eats Marketplace. 7.3 Your behavior. You are expected to treat the Store’s staff, other customers, and Rescue Eats personnel with respect. If you behave inappropriately towards a Store, its customers, Rescue Eats, or commit any illegal acts at the Store in connection with the Rescue Eats Marketplace, or violate the Store's or Rescue Eats’ code of conduct (or similar rules), Rescue Eats may suspend, ban, or exclude you from the Platform. Rescue Eats’ actions do not limit the Store's right to pursue any reparations or other remedies available to them. 7.4 Reviews. Occasionally, you may have the opportunity to leave reviews for Stores with whom you’ve made Reservations through the Platform. Any reviews you submit must be accurate and should not include discriminatory, offensive, or defamatory language. Rescue Eats does not verify the reviews submitted by you or other users of the Platform, so please be aware that any reviews displayed may not always be accurate, correct, or reliable. 7.5 Rescue Eats Rules of Conduct. By using the Platform and accessing your Account, you acknowledge that you are responsible for all activities related to your use of the Rescue Eats Marketplace, and you agree to the following: You will not use the Rescue Eats Marketplace for any illegal purposes or for activities prohibited by these Terms. You are of legal age in your jurisdiction. You will pay in full for the Rescue Bags you Reserve and Pick up through the Platform. You will only make Reservations that you intend to Pick up. You will not use the Platform to research Stores or their pricing. You will not engage in inappropriate behavior toward: (i) a Store and its agents or employees; (ii) another consumer of a Store; or (iii) Rescue Eats and its agents or employees. You are not located in a sanctioned country or on a sanctions list. You have not created other Rescue Eats Accounts that have been suspended or terminated due to violations of our terms, policies, or applicable laws. You will not use automated systems, bots, or software to extract data from the Rescue Eats Marketplace. You will not (nor permit any third party to) upload, download, post, submit, or distribute content that: (i) is false, misleading, or inaccurate; (ii) contains viruses or disruptive software; (iii) impersonates any person or entity; or (iv) includes sensitive financial or identification information. You will not: (i) impose an unreasonable load on our infrastructure; (ii) interfere with the proper functioning of the Rescue Eats Marketplace; (iii) bypass any measures to restrict access; (iv) run auto-responders or "spam"; (v) use software to crawl or scrape pages of the Marketplace; or (vi) harvest content from the Marketplace. You will not: (i) attempt to reverse engineer or derive the source code of any part of the Rescue Eats; (ii) modify or create derivative works from any part of the Marketplace; or (iii) copy, rent, lease, distribute, or transfer any rights provided to you. You will comply with all applicable laws and regulations related to your use of the Marketplace. You will not access the Rescue Eats Marketplace if you are a direct competitor of Rescue Eats, or an agent of a direct competitor, without prior written consent. You will not access the Rescue Eats Marketplace for commercial purposes, including copying or reproducing material, monitoring performance, or for competitive purposes. 8. Data use and privacy 8.1 Rescue Eats prioritizes your privacy and is committed to protecting it while you use our Marketplace. When you interact with the Marketplace, we collect and process certain personal data. For more details on how we collect, use, and protect your information, please refer to our Privacy Policy. 9. Indemnity and Limitation of Liability 9.1 You agree to indemnify, defend, and hold harmless Rescue Eats, affiliates, and their respective directors, officers, employees, and contractors from any claims, demands, liabilities, costs, or expenses—including attorney’s fees—arising from or related to: (i) your use of the Rescue Eats Marketplace, (ii) your breach of these Terms, or (iii) your violation of any applicable laws or regulations. 9.2 Rescue Eats is not responsible for any losses or damages resulting from: (i) the actions or omissions of a Store or third party, including the contents of Rescue Bags; (ii) your use of the Rescue Eats Marketplace; (iii) the availability of the Rescue Eats Marketplace or Rescue Bags; (iv) the content of external sites linked through the Marketplace; or (v) events beyond Rescue Eats’ control. 9.3 Rescue Eats is not responsible for any indirect or consequential damages. To the fullest extent allowed by law, Rescue Eats’ liability is limited to the total amount collected from you for Rescue Bags purchased in the 30 days prior to the event that led to your claim. 10. Intellectual property 10.1 The Rescue Eats Marketplace, including all services provided through the Platform, as well as its underlying technology, software, graphics, designs, and all associated copyrights, trademarks, service marks, trade names, logos, and other intellectual property, remain the exclusive property of Rescue Eats. This excludes third-party content that Rescue Eats has been authorized to display. Except as expressly stated in these Terms, no licenses or rights are granted to you. 10.2 By using the Rescue Eats Marketplace, you agree not to copy, distribute, modify, or create derivative works from any content without our prior written consent. No part of the Rescue Eats Marketplace may be reproduced, stored, or integrated into any other system, platform, or public or private electronic retrieval service without Rescue Eats’ prior written permission. 10.3 Feedback. If you provide ideas or suggestions related to the Rescue Eats Marketplace, including advertising, promotions, merchandising of Rescue Bags, service enhancements, or business improvements (“Feedback”), we may use and fully capitalize on such Feedback. You acknowledge that we will hold exclusive rights to the Feedback worldwide, both now and in the future, and that all such rights are irrevocably assigned to us. If any part of this assignment is deemed unenforceable, you grant Rescue Eats an irrevocable, perpetual, worldwide license to use the Feedback and any related intellectual property in any manner, in any medium—existing or future—without restriction or compensation to you. 11. Suspension and termination 11.1 We reserve the right to suspend or terminate your access to the Platform, including deleting your Account, at any time, with or without notice, at our reasonable discretion and without liability. This may occur in situations such as: You materially or repeatedly violate these Terms. We are required to take action to comply with legal obligations or a court order. We reasonably believe your actions cause harm or liability to us, a Store, or a third party—such as hacking, phishing, harassment, spamming, misleading others, or unauthorized content scraping. You engage in behavior that we consider abusive or disrespectful toward a Rescue Eats employee, agent, partner, user, or customer. You are located in a sanctioned country or appear on a sanctioned persons list. You remain inactive on the Platform for an extended period. You attempt to create a new Account after a previous suspension or termination of another Rescue Eats Account. 11.2 If you believe your Account was suspended or terminated by mistake, we encourage you to reach out to us. 12. Miscellaneous 12.1 No Warranties. The Rescue Eats Marketplace is provided to you on an "as is" and "as available" basis. We make no express or implied warranties, including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose, unless applicable laws in your area grant you specific rights that override this disclaimer. Otherwise, our obligations to you are limited to the express commitments outlined in these Terms. 12.2 Blocking your access or refusing to process a payment. If we reasonably believe there is a risk—such as a potential violation of laws or regulations—related to your account or a payment, we may restrict access, terminate your account, or decline to process a transaction. These actions may be taken without prior notice. Situations where this might occur include: Transactions where we are unable to receive payment from you or your bank. Payments originating from sanctioned individuals or those located in sanctioned countries. Situations where we have a reasonable belief that a legal or regulatory issue exists. 12.3 Changes to these Terms. We may update these Terms at any time without prior notice. If we make changes, we will notify you through your Account and post the updated Terms on the Rescue Eats Marketplace. The revised Terms will not apply to your use of the Rescue Eats Marketplace before the update, but they will apply immediately to your continued use of the Marketplace and your Account. By continuing to access or use the Rescue Eats Marketplace or your Account, you accept the updated Terms. 12.4 Third Parties. You acknowledge that Rescue Eats does not provide, endorse, or guarantee any third-party products, services, or information, including those from Stores on the Platform. The Rescue Eats Marketplace may include links to external websites that we do not maintain. Additionally, other websites and apps may reference or link to our Rescue Eats Marketplace. We encourage you to review the terms and privacy policies of any website or app you visit after leaving our Marketplace. We are not responsible for the content or practices of these external websites and apps. 12.5 Severability. If any part of these Terms is found to be unlawful, void, or unenforceable, that provision will be considered separate from the rest of the Terms, and it will not impact the validity or enforceability of the remaining provisions. 12.6 Waiver; remedies. A delay or failure by Rescue Eats to exercise any right or remedy under these Terms or by law will not waive that right or remedy, nor will it prevent or limit the future exercise of that or any other right or remedy. Similarly, a partial or single use of a right or remedy does not prevent or restrict the future use of that or any other right or remedy. 12.7 Contracting Parties, Applicable Law and Venue. The Rescue Eats entity you have contracted with is listed in Schedule 1, based on your location. These Terms will be governed by the laws of the location where you Pick-up your Rescue Bag, without regard to conflict of laws principles. Claims must be filed in the location where you Pick-up the Rescue Bag, unless applicable laws dictate otherwise. Any disputes will be resolved solely through the dispute resolution method outlined in these Terms. 12.8 Resolving Disputes. Most concerns can be addressed quickly and satisfactorily by reaching out to us. If we are unable to resolve your issue to your satisfaction (or if a dispute remains unresolved after attempting informal resolution), both parties agree to resolve the matter in the relevant courts, as specified by the applicable law and venue outlined in these Terms. All legal proceedings will be conducted in English. 12.9 Class Action Waiver. You agree that any claim or legal action arising from these Terms must be filed on an individual basis, and not as part of a class action or representative lawsuit. Any related rights to participate in such actions are waived, unless prohibited by law. 12.10 Jury Trial Waiver. You and we both acknowledge and agree to waive the right to a trial by jury. 12.11 Rescue Eats reserves the right to access, review, retain, and disclose any information we reasonably believe is necessary to: (i) comply with applicable laws, regulations, legal processes, or governmental requests; (ii) enforce these Terms, including investigating potential violations; (iii) 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 Rescue Eats. If you have any questions regarding these Terms, please contact us through our "Contact Us" page. Schedule 1 - Contracting Entities Your location Rescue Eats Contracting Entity Business Registration Number Address United States Rescue Eats, LLC 202565811505 401 Main St., Suite 101, Chico, CA 95928