Terms of Service for Merchants
LAST MODIFIED: November 2020
1. General Description
1.1 Introduction
These Merchant Terms and Conditions (this “Agreement”), is a legal agreement between you as a merchant and MealPass, Inc. (MealPass), which guides your use of and access to the Merchant Application (as defined below) and the Website (as defined below).
If you don’t want to be bound by this Agreement, please do not access or use the Merchant Application and/or Website. MealPass may terminate, without notice, your access to the Merchant Application and/or Website for failure to comply with this Agreement. By creating an account in the Merchant Application and/or the Website, you accept this Agreement and agree to be bound by each of its terms.
You also represent and warrant to MealPass that:
You have the authority to enter into this Agreement (either on your own behalf or by having an authorized person at your company agree to the terms set forth herein on your behalf),
To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity.
You have read and understand MealPass Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”).
2 . What MealPass offers
The MealPass service is a Food Donation channel via on which merchants offer take away excess unsold food items to registered users. In these terms of the MealPass service, the term “Merchants” refers to restaurants, but it may also refer to other food providers operating e.g. in the grocery, cafe or bakery sector or any other food service providers. The aim of this service is to give Merchants the opportunity to donate excess unsold food as take-away to consumers. The MealPass service allows Merchants to gain extra Tax Enhancement while decreasing food waste.
. Purpose
The purpose of this Agreement is to explain the terms and conditions under which MealPass will let you use MealPass merchant application (the “Merchant Application”) through your mobile device or computer and/or use the Website (collectively, the “Purpose”).
As also mentioned in other parts of this Agreement, MealPass does not have any control over any merchants or other third parties, and therefore is not liable or responsible for any actions taken or supposed to be taken by any such third party.
3. The MealPass Service
3.1 Registration
To use the Donation channel service and the features made available through the Merchant Application and Website, you are required to complete a registration process to create an account with MealPass (“Account”).
You are given access to use MealPass software platform commonly referred to as “MealPassMerchants” or “MealPass for Donation” (the “Merchant Application”) as made available through its website located at https://mealpass.org/admin/merchant/dashboard.php
(the “Website”) and/or via mobile application during the Term (as defined below) solely for the Purpose.
Your account offers you easy access to see your company details, the food items you offer for Donation, and the donations that have been made through MealPass service offering. In order to create your Account, it is necessary to provide certain information, which includes, your name, contact information, and more. It is also necessary to provide your company details, which include company name, company information, contact information.
How MealPass store and use of the personal information provided by you when registering for an Account and/or using the Merchant Application and the Website is set out in the Privacy Policy.
3.2 Creating Donations
The logged in MealPass merchant creates surplus items to be Donated (hereinafter referred to as “Item(s)”). To create an Item, the merchant has to provide certain Item information such as title, ingredients, regular retail price and cost price (information regarding cost and retail price is for tax return purposes only, and will not be visible for anyone else).
The merchant then lists the number of available Items, sets the Donation time and pick-up time, and Donations starts through the Merchant Application. After the Donation has started, the available Items will be shown to the MealPass users.
3.3 Order and order confirmation
The logged in MealPass user places the Item order through the MealPass User application. Individual YMealPass users claiming Items through the MealPass User application are hereinafter collectively referred to as Users or individually a User. After placing the order, the logged in merchant will receive an order confirmation both in the Merchant Application and by email.
3.4 Merchant’s Donation obligations
After a User has placed an order for an Item made available by you through the Merchant Application, and an order confirmation has been received, you are obliged to provide the User with the ordered Item during the specified pick up time unless ordered item is sold out before designated pickup time.
Items made available through the Merchant Application must be of a standard that a reasonable person would regard as a satisfactory meal. For example, this means that each provided Item shall be fit for all the purposes for which Items of that kind are usually supplied, be safe for consumption and have satisfactory quality, appearance and finish. You are solely responsible for determining the quality and freshness of the Items made through the Merchant Application.
You are committed to preparing the food items offered through the service in compliance with the legislation, within the country of which you do business, concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry. If the merchant detects a technical error or other errors in the MealPass service, the merchant can report the problem through the Merchant application or Website.
When you fulfil the requirements of donating food you are covered by the Federal Good Samaritan Act which reduces your liability.
3.5 Pick up of order, redemption and delivery
Upon arrival, the User shows the merchant an order confirmation (Electronic receipt) in the User application to receive the Item(s) . The merchant has also the ability to confirm an order in the Merchant Application and website by identifying the User by name. The merchant must “swipe/redeem” the receipt when presented to the merchant.
The User should pick up the ordered Item from the merchant premises in a timely manner during the time frame informed by the merchant. If the User does not collect the order during the given time frame, the merchant has the right to do as they see fit with the Item ordered by the Buyer.
3.6 Fees
MealPass charges a $85 monthly subscription fee for the service.
3.7 Reclamations and service disruptions
The MealPass service is a mediator of merchants’ food items. MealPass is not the provider or the producer of the Items listed in the service and will not, to the extent permissible by mandatory law, be liable for the quality of ordered Items, damage caused by provided Items or errors that may occur during the pickup of an order. The Merchant is solely responsible for all the user reclamations concerning Items made available through the Merchant Application. MealPass will direct all the reclamations of Item(s) to the merchant.
3.8 Customer support
MealPass offers support via the support centre, which can be reached through the chat found in the Merchant Application or contact information on the Website https://mealpass.org. Please refer to the Website for up to date information on the support centres opening hours. Response time is 1 hour.
4. Conditions of Use
4.1 Certain responsibilities
It is the Merchants responsibility to make sure that all information provided by you to MealPass is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information going forward.
It is also the Merchants responsibility to maintain all passwords and access codes to the Merchant Application and/or the Website, and refrain from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the Merchant Application or the Website.
4.2 Certain Restrictions
MealPass does its best to keep the Merchant Application and the Website safe and secure but need your help to do it by not violating or attempting to violate the security of the Merchant Application or the Website.
Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of:
Any portion of the Website or the Merchant Application, any content, photographs, descriptions, software, image or other information or any data taken therefrom (collectively, “Content”). For the sake of clarity, this does not apply to content belonging to the Merchant such as for example photos of items from the Merchant in the Merchant Application or Website.
Any information or materials retrieved from either of them, which include graphics and logos, presentations, in whole or in part. Furthermore, you may not use the Website or Merchant Application for any purpose that:
Invades any person’s or entity’s privacy or other rights;
Misidentifies you or impersonates any person or entity, including, without limitation, any employee or representative of Mealass;
Pretends to be someone other than you are or pretends to represent a company or organization that you are not affiliated with or authorized to represent;
Could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
4.3 MealPass rights
MealPass shall be entitled to post feedback on the Website, within the Merchant Application and the MealPass consumer application (and/or allow others to do so), both positive and negative, regarding any merchant. In case of negative feedback the Merchant shall have the right to be informed before such feedback is posted.
MealPass has the right to at any time suspend or terminate a merchant’s Account and access to the Merchant Application or non-public portions of the Website if the merchant violates this Agreement or uses the Merchant Application and/or Website in a way that is harmful to MealPass or any third party.
5. Content
5.1 Third party content
The Merchant Application, the Website and the consumer app contain and/or provide access to content provided by merchants and other third parties, including, food item information, pricing, discount information, menus, photographs, graphics and merchant information (“Third Party Content”).
5.2 Information accuracy
The third party that any Third Party Content originates from is solely responsible for it, and MealPass does not and cannot review all Third Party Content made available through any part of the Merchant Application or the Website. As such, MealPass cannot guarantee the correctness of any Third Party Content or fitness for use of any offers posted on via the Merchant Application and the Website.
In no event shall MealPass be liable for any damages arising out of your use of the Merchant Application and/or the Website, or for any loss or damage of any kind incurred as a result of the Third Party Content or offers.
MealPass cannot guarantee that the Merchant Application and the Website, including the Content, will be uninterrupted or error free. Y MealPass cannot be held responsible for if the Merchant Application and/or the Website is down or if any Content, information or functionality does not work as expected.
5.3 Intellectual property
For purposes of clarity between Merchant and MealPass, Merchants are the sole owners of all information and content entered into the Merchants Application or the Website or otherwise posted by you. MealPass is the sole owner of the Website, the Merchant Application, and all source code, software, content and other intellectual property related to it or included in it.
All suggestions and recommendations from Merchant to MealPass regarding the Merchant Application or the Website are, upon submission to MealPass, owned by MealPass.
In exchange for Merchants use of the Website and/or the Merchant Application, you hereby grant MealPass the right to use the content you post to the Website, submit to MealPass or post through the Merchant Application for marketing purposes.
MealPass shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or MealPass consumer application, including without limitation adjacent to your content.
5.4 Confidentiality
Each party agree to treat all information of the other party as confidential, not to use such confidential information for any purpose other than to use the Merchant Application or the Website and not to disclose such confidential information to any third party except as may be reasonably required according to this Agreement and subject to confidentiality obligations.
5.5 Non-Solicitation
During the Term (defined below) and two (2) years thereafter, merchants shall refrain from directly or indirectly soliciting, enticing, persuading or inducing any individual who is then, or has been within the one-year period prior to the applicable date, an employee of MealPass to terminate employment with MealPass or to become employed by or enter into contractual relations with any other individual or entity.
5.6 Copyright infringement
MealPass respects the intellectual property of others, and asks Merchants to do the same. Merchants may not use the Website, Merchant Application, the Content or any other materials from the Website or Merchant Application in any manner that may infringe upon any copyright or other intellectual property right of MealPass or any third party.
6. Terms and Termination of Account
6.1 Term
This Agreement shall continue in full force until either:
Merchant terminates the Account, or
MealPass terminates access to the Merchant Application or non-public portions of the Website, with or without notice (the “Term”). When this Agreement is terminated, Merchant no longer has access to the Merchant Application or any other non-public portions of the Website.
6.2 Termination of account
For purpose of clarity, Merchants are entitled to terminate the MealPass account at any time. Choose “Delete account” or any corresponding function in the Merchant Application and/or the Website, or contact MealPass. MealPass will then delete any personal information that can be attributed to you, except for any information that MealPass by law is required to save and archive.
7. Other
7.1 Force Majeure
MealPass shall not be liable to Merchants for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
7.2 Changes or updates of the agreement
MealPass may update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement on the Website or within the Merchant Application. When we make major changes to the Agreement, we will provide Merchants with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the Merchant Application, the Website or by sending an email. If Merchants do not agree to the changed Agreement, Merchants have the right to terminate the Merchant Account before the changed Agreement comes into force. Notice for minor changes/updates will be 2 weeks and notice for major changes will be 4 weeks.
7.3 Termination of service
MealPass reserves the right to modify, suspend, or discontinue the Merchant Application and the Website without any notice at any time and without any liability to Merchants.
7.4 Miscellaneous
Unless otherwise specifically provided herein, each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder.
All disputes arising hereunder or in connection with this Agreement, the Website and/or the Merchant Application shall be resolved by the laws country of merchants operation.
MealPass has the right to transfer its rights and obligations under this Agreement. Furthermore, MealPass has the right to hire subcontractors for the fulfilment of its obligations. In such cases MealPass is fully responsible for the work performed by the subcontractors.
If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.
Thanks for taking the time to learn about our Terms of Service for Merchants.
Privacy Policy for Merchants
LAST MODIFIED: November 2020
1. Importance of your privacy
At MealPass, Merchants privacy is of great importance to us. We understand that you entrust us with certain private information to help us provide various products and services. It is essential for us that you understand what personal information that we collect and why.
In exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with this Privacy Policy. Rest assured that we will protect your privacy.
For purpose of clarity, we have Merchants and customers that use different portions of our service, but both adhere to this Privacy Policy. Under no circumstances will MealPass sell or share any personal information about you to or with any person or organization except:
As authorized by you,
In connection with providing various products and/or services to you (the “Service(s)”),
To the extent you make any use of MealPass mobile software application commonly referred to as “MealPass app” or any other MealPass mobile application (collectively the “Application “), or MealPass website (“Website”),
To merchants with which MealPass has a business relationship (our customers),
As may be required by law or court order, or
As otherwise set forth herein.
The Privacy Policy below describes the standards we live up to in handling information about you and any personal information you submit through the Website and/or the Application and sets out the various purposes for which we may process your personal data.
2. Who we are
MealPass operates a website and the Application through which users are given the opportunity to receive donated food and pick-up the food directly from merchants that would otherwise go to waste.
3. A special note about children
Children under 16 years of age are not eligible to use our Services and we ask that individuals under the age of sixteen (16) do not submit any personal information to us or use the Services. Although visitors of all ages may navigate through the Websites or use our Application, we do not knowingly collect or request personal information from those under the age of sixteen (16) without parental consent. If, following a notification from
a parent, guardian or discovery by other means, a child under sixteen has been improperly registered on our site by using false information; we will cancel the child’s account and delete the child’s personal information from our records.
Other age restrictions may be set forth in MealPass Terms of Use from time to time.
4. The personal information we collect
There are several areas on the Website and/or within the Application where you may be asked to enter both personal and non-personal information. For more detailed information on the personal information we collect, please see the sections below.
4.1 Registration data
To use certain of MealPass Services and/or to access the Application and the Website, you’ll need to provide certain personal information which may include, your name, password, phone number and email address.
Terms & Conditions.
Last modified: November 2020.
- 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 16 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.