I. TERMS AND CONDITIONS FOR FOOD DONATIONS VIA FOODIVERSE
Foodiverse is a technology platform developed by FoodCloud. FoodCloud is a not for profit organisation set up with the aim of reducing food waste and restoring community spirit based on shared food. We are working together to provide a technical solution for surplus food redistribution globally
A world where no good food goes to waste.
To redistribute surplus food and reduce food waste, increase social inclusion and inspire communities to take local actions that can create global change.
2. Supply of Food by Donors
The Supplier will ensure that all products provided via the Foodiverse platform to be supplied to all recipients of donations (described for the purposes of these terms as conditions as “Platform users”), complies with current EU Food Safety Legislation, including but not restricted to:
· (EC) Regulation No. 178/2002 General Principles and Requirements of Food Law
· (EC) Regulation No. 852/2004 on the Hygiene of Food stuffs
· Regulation (EC) No. 853/2004 Hygiene rules for foods from animal origin;
· Regulation (EC) No. 854/2004 Controls on products of animal origin intended for human consumption.
· (EC) Regulation No. 1169/2011 on Food Information to Customers
· I.S. 340:2007 Hygiene in the Catering Sector
· I.S. 341:2007 Hygiene in Food Retailing and Wholesaling
Amendments to current EU legislation that support food donation :
- Commission Delegated Regulation (EU) 2021/1374 of 12 April 2021 amending Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council on specific hygiene requirements for food of animal origin (Text with EEA relevance)
- Commission Regulation (EU) 2021/382 of 3 March 2021 amending the Annexes to Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs as regards food allergen management, redistribution of food and food safety culture (Text with EEA relevance)
The Supplier will ensure that they are handling, storing and distributing food according to the above legislation using the highest standard of food hygiene
· All products donated must meet the Food Donation Guidelines listed in this document
Food Redistribution Agreement Guidelines:
Any food accepted by Platform users must comply with EU Food Safety Legislation referred to in paragraph 2 above and as may be amended, varied, revised, extended or changed in any material way. All products must be provided and be fit for human consumption. If a product could in theory be sold, then it can be redistributed.
When Donating food, please ensure that the food:
· Is within its Use By Date
· Is packed appropriately
· Is donated with all the packaging intact
· Is of good quality and free from obvious contamination i.e. Mould, bruising or damage
· Complies with all applicable EU Food Safety Legislation in particular Labelling requirements
Food that is suitable for donation:
· Any surplus, high quality food that is packaged appropriately and date labelled
· Fresh fruit and vegetables
· Fresh Meat packaged appropriately labelled
· Fresh Fish packaged and appropriately labelled
· Dairy Products (e.g. milk, yoghourts, butter, cheese)
· Ambient (Dry) foods (e.g. rice, pulses, tins, packets)
· Fruit Juices, smoothies, bottled water
· Frozen food (this refers to food that is designed to be kept frozen)
· If food is being frozen down by the food donor, there must be accompanying documentation on their freezing policy and correct labelling stating the New Best Before Date for the product frozen down
· Chilled food (as long as adequate records of cold chain maintenance are also provided)
Food that is not suitable for donation:
Shellfish of any kind
Unpackaged Prepared Food
Food with packaging that has been split or damaged (Blown or badly damaged/ dented tins cannot be accepted due to the risk of microbial contamination however, a small dent is acceptable)
Unlabelled Food (perishable food that does not have a valid use by date)
Food that does not contain the correct mandatory labelling information or mandatory labelling information according to (EC) No. 1169/2011)
Deli Counter Food/ cooked or raw
Any food previously frozen and defrosted for sale
Platform users must be satisfied that the food business is capable of providing full food product information with any donation of food. This includes labelling if the nature of the product has been changed, allergen information, storage instructions, ingredients and any other information relation to (EU) No. 1169/2011. If the platform user uses food products in parcel distribution they must only accept food that can be used for parcels and make sure that they are not taking food that will have to be handled or rewrapped. Any labelling of food products must be done to each individual pack and not just the outer box for parcel distribution.
Platform users should not accept donations of alcohol.
Any food offered to Platform users must be safe and wholesome and Suppliers must be able to demonstrate that strict food safety procedures are in place and that they have been followed throughout the manufacturing, processing and distribution of food products.
3. Use of Products by Platform Users
By accepting these terms and conditions, Platform users undertake to FoodCloud as follows;
to use only the products for charitable purposes. The products may not be sold or exchanged in any other way;
that they will comply with current EU Food Safety Legislation in all their dealings with food to include the safe storage, handling and distribution of food products;
that staff involved in the handling of food products will be trained in food safety commensurate to their work activity;
to only accept the food products that they are approved for. The platform user must not accept food offered by the Donor if they have not been approved for this category in their registration approval process;
is responsible for the notification of Allergens to the end user
- The end user must have all of the information about the food products, the platform user is responsible for making sure all mandatory labelling required
Platform users will take all reasonable care to ensure that the food redistributed is safe and appropriately labelled according to (EU) No. 1169/2011.
· As part of (EU) No. 178/2002 Article 11, a food business must establish a system of traceability. This means that all food being offered and accepted via the Foodiverse platform should be noted separately to the Foodiverse platform by the donor and the receiver. This is essential for effective traceability. Platform users are responsible for recording all food products that they accept into their business for effective traceability and product recall.
· The Platform User is responsible for the safe storage and distribution of the food products they collect from the Donor and will safely and properly handle all products received in full compliance with applicable laws and regulations including the following:
Maintenance of the cold chain
Adequate and appropriate refrigerated storage space
A process of transporting chilled/frozen food in a safe and hygienic way while maintaining correct temperature control
Chilled products 0℃ – 5℃ and Frozen -18℃
Product integrity until it reaches the end user
Staff involved in the handling of food products must be trained commensurate to their work activity and evidence of such kept on file for inspection by competent Authority
The Platform user is required to manage Food Safety according to the principles of HACCP and the control of the four main risks of contamination (Microbial, Physical, Chemical and Allergens) while the food products are in their possession
Care must be taken on fresh foods that will allow for Allergen Information to be communicated to the end user Mandatory Labelling Information
Food products must be used or consumed by the expiry of the use by date
Any food product that reaches its expiry date must be disposed of safely
· Additional Information on Safe use and Distribution can be found Here
Once collected by the Platform user, all products shall be the sole property of that user. FoodCloud and the Supplier accepts no liability in respect thereof
This agreement will continue on a rolling monthly basis. All parties have the right to terminate this agreement with one month’s written notice. The Supplier also has the right to terminate the agreement upon material breach of said agreement
II. TERMS AND CONDITIONS FOR THE TECHNOLOGY
Privacy Statement and Cookies Policy and the terms and conditions of the App Store and the Google Play Store, which are incorporated by reference.
1.3. Please read these Terms carefully, in particular Section 8 “Limitation of Liability”, as by downloading,
installing or using the App, you indicate that you accept these Terms and that you agree to be bound by
them. If you do not agree with these Terms, you should cease downloading, installing or using the App
immediately. You must be 18 to accept these Terms and use the App.
1.4. We may revise these Terms, from time to time by amending this page. Please check this page regularly
to take notice of any changes we make, as, by continuing to use our App, you will be deemed to have
accepted such changes.
- INTELLECTUAL PROPERTY
2.1. You hereby agree and acknowledge that the App is proprietary to, and a valuable asset of, FoodCloud. We grant you a non-transferable, revocable, non-exclusive, royalty-free licence to make an electronically stored transient copy of this App or extracts or portions thereof, for the purposes of viewing them online only subject to these Terms, our Privacy Statement and Cookies Policy and the App Store/Google Play Store terms and conditions which are incorporated by reference. We reserve all other rights. 2.2. You hereby agree and acknowledge that (i) these Terms do not constitute a grant or an intention or commitment to grant any other right, title or interest in the App or FoodCloud’s intellectual property rights to you other than as set out in the licence above; (ii) you may not sell or transfer any portion of the App to any third party or use the App in any manner to produce, market or support your own products or products of third parties and (iii) you assign any and all of your rights, title and interest of whatsoever nature and all intellectual property rights created through your use of the App or under these Terms to FoodCloud. You have no intellectual property rights in, or to, the App, other than the right to use it in accordance with these Terms. 2.3. You shall not, without FoodCloud’s prior written consent, change, copy, store, publish, rent, licence, modify, sell or distribute in any way any part of the App, its contents or its underlying software or reverse engineer, decompile or disassemble the App, or any portion of it.
3.1. We will notify you, via a text message notification or through the App, of the availability of Products subject to the terms and conditions of the Agreement. 3.2. We reserve the right to terminate, withdraw, restrict, vary, extend or re-introduce any or all of the services and update, alter, suspend or discontinue any aspect of our App (including your access to it), without notice at any time and for any reason and without liability. 3.3. You will comply with all instructions, procedures, rules and/or directions given or established by us with respect to your use of the App. You shall adhere to any additional stipulations made by us in respect of the use of the App and/or collection, delivery and/or use of Products. 3.4. From time to time we may automatically update the App and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may also ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the services. 3.5. We shall not be obliged to notify you of any updates, revisions, amendments or additions to the App and text message notification (to include the addition of any new App users).
- APP ACCESS
4.1. We will use reasonable endeavours to ensure that the App is fully operational at all times. However, due to the nature of interactive services and the internet generally, we cannot guarantee that the App will be free from delays, interruptions or errors, and access to the App may be suspended (whether by us or due to external causes) temporarily and/or without notice. We will not be liable for any loss or damage arising from the App not being available (whether for internal processing reasons or otherwise). 4.2. If you experience problems with the App or wish to contact us for any other reason in relation to your use of the App please email our support team at [email protected]
- ACCEPTABLE USE RESTRICTIONS
You shall not:
- use the App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App;
- infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these Terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
5.2. If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device. We are giving you personally the right to use the App in accordance with these Terms. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
- DATA PROTECTION
6.1. By using this App, you agree to our collection and processing of your personal data, such as your name, email, phone number, location and technical information in accordance with our Privacy Statement and Cookies Policy, which can be found on the FoodCloud website [see www.food.cloud/privacy] 6.2. We will make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services permissions for the App on the device. If you use the App and affirmatively accept location services permissions (for example, by turning them on), you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data to provide and improve location-based services. You may stop us collecting such data at any time by turning off the location services permissions for the App on the device settings. 6.3. To the extent, if any, that you receive any personal data (as defined in the Data Protection Acts 1988 and 2003, as they may be amended, repealed or replaced) as a result of, or in the context of, the your use of the App, you hereby acknowledge and agree that you are solely and exclusively responsible for the processing and/or handling of that personal data and shall accordingly comply with your obligations under the Data Protection Acts 1988 and 2003 as updated from time to time, the EU Data Protection Directive, Regulation 2016/679 (the ‘General Data Protection Regulation’) or any other legislative instruments that are applicable in respect of same.
7.1. The App is provided as is. Except as expressly set out in these Terms, all representations, warranties, terms and conditions whether express or implied in relation to the App or the information contained therein, including any implied warranties of merchantability or fitness for a particular purpose, are hereby excluded to the fullest extent permitted by law.
- LIMITATION OF LIABILITY
8.1. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODCLOUD SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES, LOSS OR DAMAGE (WHETHER DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL, AND WHETHER ECONOMIC OR OTHER INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER GROUNDS, ARISING OUT OF ANY USE OF THE APP OR THE INFORMATION CONTAINED THEREIN (INCLUDING ANY ERRORS, INACCURACIES OR OMISSIONS IN SUCH INFORMATION OR ANY FAULTS, INTERRUPTIONS OR DELAYS IN CONNECTION WITH THE APP). WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL. WE ARE NOT LIABLE FOR BUSINESS LOSSES. FOODCLOUD IS NOT RESPONSIBLE FOR DAMAGES INCURRED AS A RESULT OF INCORRECT USE OF THE APP. 8.2. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
- LINKING TO THIRD PARTIES/EXTERNAL WEBSITES
9.1. The App may contain links to other independent websites or services which are not provided by us. Such independent sites or services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use any such independent sites or services, including whether to buy any products or services offered by them.
10.1. You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of the App or its services or your breach of these Terms.
11.1. If we become aware that you have violated any of these Terms, we may immediately take corrective action, including preventing you from accessing and/or using the services offered through the App and removing any information, data and content on the App by you, at any moment and without notice. If we have been injured by your violation we may, in our sole discretion, seek to recover damages or other forms of monetary compensation from you. 11.2.
If we end your rights to use the App:
- You must stop all activities authorised by these Terms, including your use of the App.
- You must delete or remove the App from all devices in your possession and immediately
destroy copies of the App which you have and confirm to us that you have done this.
12.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 12.2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 12.3. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of any violation of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 12.4. These Terms shall be governed and construed in accordance with the laws of Ireland. The courts of Ireland shall have exclusive jurisdiction over any claims or disputes arising in relation to, out of, or in connection with these Terms.