Terms and Conditions
GOODTAKES Limited (“GOODTAKES,” “we”, “our” or “us”) and its affiliates operate an online portal and app service for mobile devices (“Platform”) for the arrangement of the order of surplus food and other products(" “Products)by restaurants, hotels, supermarkets, bakeries and other retailers(collectively,“Stores”) that have been onboarded on the Platform to end-users(“Consumers,” “you”, or “your).
YOUR ACCESS AND USE OF THE SERVICES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE PLATFORM.
GOODTAKES’s mission is to raise awareness of food waste and reduce food waste worldwide by making surplus food available for orders by consumers.
We provide a way for the Consumer to communicate his or her orders for surplus food and other surplus products, including unspecified products in “Surprise Box” (“Products”) at Stores displayed on our Platform.
These Terms apply to any order of Products that is carried out via our Platform. Our Platform is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Services requires the prior written consent of GOODTAKES.
2. GOODTAKES Concept
The Products are made available for order on the Platform, and Consumers may reserve the Products by placing an Order (as defined below) on the Platform.
The Products are reserved by the Consumer when GOODTAKES confirms through an Order Confirmation (as defined below).
Once a Consumer reserves a Product and the Store accepts the Order, the Consumer must be present at the Store at the Pick-up time (as defined below). Only the Store has the right of cancellation as defined below.
GOODTAKES is solely facilitating orders of Products from a Store to a Consumer, and there shall be no contractual relationship between GOODTAKES and the Consumer with regard to the Products or the sale of Products, which is concluded between the Store and the Consumer. GOODTAKES has no responsibilities in respect of the Products or fulfilment of any order or agreement between the Store and the Consumer.
GOODTAKES is solely collecting the Purchase Price (as defined below) for the Products on behalf of the Store and is thus merely acting as a fulfilment and payment agent on behalf of the Store.
When placing an order on the Platform, the Consumer represents and warrants that the Consumer is:
Legally capable of entering into binding agreements,
A consumer shopping for personal purposes,
At least 18 years old and in the possession of a valid debit card, credit card or other payment means available for payment on the Platform and
Furthermore, by accepting these Terms, the Consumer agrees to receive emails and text messages related to any Order placed by the Consumer. This is required by GOODTAKES in order to ensure that the Consumer receives all essential notifications related to the Order.
GOODTAKES reserves the right to revise and amend the Terms from time to time. Consumer Orders will be subject to the Terms applicable at the time when the Consumer placed the Order.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria for the Services at any time. We reserve the right to terminate accounts for Consumers who have been previously suspended or removed from the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
5. GOODTAKES’s Contact Information and Consumer Service
UNIT 6, 11/F, PROSPERITY PLACE
6 SHING YIP STREET
KWUN TONG, KOWLOON, HONG KONG
Our Consumer Service may be contacted through our contact page in the App or via email at email@example.com
6. Product and Product Information
Fgo is exclusively facilitating the Order of a Product between the Consumer and the Store and GOODTAKES has no responsibilities in respect of the Products or fulfilment of any contract between the Store and the Consumer
GOODTAKES does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Products. GOODTAKES has no responsibility for the fulfilment of any Order regarding 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 laws and regulations, including with respect to the above, unless GOODTAKES is explicitly designated as the manufacturer or seller of the Product on the Platform.
The Consumer can find information about the Products and a description of the Products on the Platform. This information is only instructive and for the purpose of giving the Consumer the best prerequisites for evaluating selected Products before making an Order.
There may be instances where the Platform is not updated or where the actual product range, stocked items etc. is not as stated on the Platform. In such cases, GOODTAKES has no liability. The Stores are responsible for providing information about the Products and ensuring that the information is factually accurate and up-to-date. GOODTAKES does not have any responsibility for the information provided by the Stores and, hence, has no liability for the contents of or availability of information regarding the Products on the Platform.
If the Consumer is in doubt about allergy warnings, contents of a Product or any other menu information, the Consumer shall confirm with the Store directly before conclusion of the purchase. The Store’s contact information will appear on the Platform. GOODTAKES is not responsible for any ingredient, allergy, caloric or other nutritional information provided by the Stores or otherwise found on the Platform. It is the responsibility of the Consumer and the Stores to confirm whether any allergens are present in the Products.
The Store shall provide the Consumer with information regarding ingredients, allergens and other labelling-related information regarding the Product on the Platform. Any Products purchased from a Store following an Order shall be consumed immediately after Pick-up and/or as instructed by the Product label or the Store. GOODTAKES will not assume any liability for Consumers’ adverse reactions from Products for any reason, including if consumed inconsistently with the labelling or the information set out in these terms or given directly by the Store.
GOODTAKES is not liable or responsible for any failure to perform or any delay in the performance of any obligations relating to the Products, including with respect to manufacturing, sale, purchase, storage, preparation, production, processing, marking, delivery, quality, ingredients, allergens or handling of the Products.
7. Order of Products
A list of active Stores can be found on the Platform. If the Consumer has allowed the Platform to use location services, the Platform will track the Consumer’s location and the list will show stores near the Consumer. Once the Consumer has selected the Store and Product, the Consumer will be given the opportunity to submit his or her Order by clicking “Order” or a similar button.
The list is solely established in consideration of geographical criteria. The Consumer has the possibility to filter the results in consideration of the availability of Products to order by most rated, most liked, earliest time, closest distance and of the nature of Products contained in GOODTAKES’s own manufactured “Surprise Box,” or as otherwise determined by GOODTAKES.
The Stores that are displayed and referenced on the Platform are the ones who are active and available for Consumer to place an Order with.
The supply, reference and display of the Products on the Platform is only an invitation to the Consumer to place an Order, only upon completion of the Order is it a contract between Parties.
An Order made by the Consumer via the Platform (“Order”) is considered an offer by the Consumer to the Store to purchase a Product.
The Order shall be accepted by the Store and the order shall be final and binding upon the Store and Consumer upon Pick-up of the Product (as defined below), subject, however, to the limitations in the cancellation rights as described in section 8 below.
8. Order Confirmation
Upon receiving the Order, GOODTAKES will begin processing it by sending the order to the relevant Store. GOODTAKES will notify the Consumer that the Order has been received(“Order Confirmation”) and is being processed. Please note that any confirmation page that the Consumer 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.
The order Confirmation should be saved by the Consumer. The order Confirmation will contain information regarding the order placed by the Consumer.
Please note that the order Confirmation does not mean that the order is accepted but is merely a confirmation of receipt of the Order.
9. Right of Cancellation
GOODTAKES’s concept is to avoid waste of food and other products and, therefore, if the Store has no Products in excess, the Store may cancel the Order at minimum 30 minutes before the beginning of the agreed time of Pick-up (as described below), a refund will be confirmed forthwith with GOODTAKES. In this case, the Consumer will receive a cancellation notification from GOODTAKES or the Store via email, SMS and/or the Platform provided that the contact information provided to GOODTAKES is correct and that the Consumer has agreed to receive such notifications.
Because the Products are perishable goods, and because GOODTAKES’s concept is to avoid waste of food and other products, the Consumer has no right to cancel. It is to the discretion of the Store to cancel the Order due to having no Product in excess.
Products reserved on the Platform must be picked-up by the Consumer at the stated pickup address (“Pick-up ”). The Pick-up time will normally be in a time period of (minimum) 60 minutes but can be longer at the Store’s discretion. Store description and details about when and where the Products can be picked up will appear on the Platform and is stated in the order Confirmation as well. If the Consumer arrives at the Pick-up address before the specified pick-up time, we ask him or her to please wait outside for the sake of the Store’s guests. Be aware that if the Consumer arrives too late, the Store may be closed and/or the Product may be unavailable.
Since the Products are perishable goods and since GOODTAKES’s concept is to avoid waste of food and other products, the Store is entitled to sell the Product to another Consumer if the Consumer does not Pick-up the Order within the time period set out in the Order Confirmation. In this event, GOODTAKES is entitled to collect the Purchase Price (as defined below) from the Consumer.
Upon Pick-up, the Consumer shall show his or her order Confirmation on the GOODTAKES app to the Store’s employees, after which the Store will accept the receipt and hand out the Products reserved. It is the Consumer’s responsibility to ensure that the Order Confirmation in the app can be shown at Pick-up. The Consumer is required to make sure that the Order Confirmation number, number of Products, and the general contents of the Products ordered and number of Products handed out corresponds to the Consumer’s Order. The Store is entitled to refuse returns after Consumer acceptances of the Order, as per GOODTAKES’s concept to avoid waste of food.
All prices are indicated in Hong Kong S.A.R. Dollar, the national currency of Hong Kong S.A.R. and all sales are made in the Territory of Hong Kong, where there is no applicable sales tax.
Any valuation of the Product stated on the Platform will be a based valuation of the Product discounted from the Store’s actual price during normal working hours of the Store. The Platform’s valuation will be a discounted pricing. The Consumer is given a warranty that the actual contents of the Product is 30% more than the Platform valuation price.
The Consumer can pay with several brands of credit cards as well as other payment methods made available on the Platform.
If using a credit card, the Consumer must enter his or her card number, the expiration date and the security code when placing an Order.
Upon placing an Order, the price stipulated by the Store for the Products (“Purchase Price”) is authorized or reserved at the Consumer’s account (depending on the chosen payment method) (“Account”).The Purchase Price is charged at the Consumer’s account upon the Order of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the Order is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to the Consumer.
The Purchase Price is collected by GOODTAKES from the Consumer on behalf of the Store. GOODTAKES may amend, modify or restructure the payment procedure for its Consumers, as it deems reasonable.
The Platform uses PCI compliant Payment Service Providers. Payment by debit or credit card on the Platform is safe and certified by the card issuer. All payments are made through an encrypted internet connection.
GOODTAKES does not store any credit card information. Such information is handled by the Payment Service Providers. However, such information may be stored by the Payment Service Providers.
If the Consumer’s credit card or payment method is rejected when trying to pay for an Order, the Consumer should verify that the entered information is correct.
If the Consumer has corrected the error and the credit card is still rejected, GOODTAKES recommends that the Consumer contact his or her bank.
Due to standard banking procedures, once the Consumer has submitted an Order by use of a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the Order. If the Order is subsequently rejected by the Store or cancelled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to GOODTAKES and will instead refund the Consumer by releasing the relevant amount back into the Consumer’s available balance. However, this may take up to 10 working days (or longer, depending on the Consumer’s bank or card issuer), and GOODTAKES does not have the authority to make inquiries to a Consumer’s bank or card issuer on specific payment issues. The Consumer must do so.
By accepting these Terms, the Consumer accepts the method of payment set out above and acknowledges and agrees that GOODTAKES is not responsible or liable to the Consumer in relation to the above.
13. Consumer Behaviour/Rules of Conduct
Consumers are requested to show respect for a Store’s guests and personnel, as well as GOODTAKES’s personnel.
The Consumer is informed that in case of inappropriate behaviour towards a Store, the other Consumers of a Store or GOODTAKES, or if the Consumer commits a crime against or in a Store in connection with the Services, or violates the code of conduct rules of a Store or GOODTAKES or any other similar behaviour, GOODTAKES may, in particular after complaints made by a Store, ban, exclude or suspend the Consumer from the Platform and the Services. The intervention of GOODTAKES does not deprive a Store of the means and rights at its disposal to obtain possible reparations.
Rules of Conduct for using the Services:
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services.
You shall not resell or attempt to resell any Products.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that: (i) you know is 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, including any of our employees or representatives; or (iv) includes anyone’s identification documents or sensitive financial information.
You shall not: (i) take any action that imposes or may impose (as determined by us in our 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 Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Platform; or (vi) harvest or scrape any content from the Platform.
You shall 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 Platform (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 Platform; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations in connection with the Services and your use of the Platform.
We also reserve 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 Terms, 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.
14. Indemnification/Limitation of Liability
You agree to indemnify, defend and hold harmless GOODTAKES and its parents, subsidiaries and affiliates, along with their respective employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives (“GOODTAKES LIMITED”) from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Services, (ii) any breach by you of any of these Terms, and (iii) any violation of applicable law.
GOODTAKES LIMITED shall not be liable for losses arising out of or in connection with (i) matters for which a Store bears the responsibility, (ii) faults of third parties or through non-attributable interruption of availability of the Platform; (iii) orders by Consumers made using fraudulently obtained payment data or other contractual data (e.g., the “phishing” of credit card data, identity theft etc.); (iv) content of sites to which the Platform links, including the accuracy of the linked sites and the data protection at such site; and (v) similar events as set out under (i) – (iv).
GOODTAKES is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside GOODTAKES’s control. Such circumstances may be but is not limited to disruptions in the operation of GOODTAKES 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.
GOODTAKES shall only be liable for direct losses and shall in no event be liable for indirect or consequential losses.
This also applies in respect to product liability.
15. Intellectual Property
GOODTAKES is the owner of or otherwise licensed to use all parts of the Platform, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Platform belong to third parties who have authorized GOODTAKES to display the materials, such as certain third party licensors. By using the Platform, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Platform. All rights not granted under these Terms are reserved by GOODTAKES.
The Consumer 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 Consumer 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 GOODTAKES or GOODTAKES’s licensors. These works are protected by copyright laws 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 section 16 is prohibited.
The Consumer may not modify the digital or paper copies of any materials that he or she prints in accordance with this section 16 and the Consumer may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
The Consumer shall ensure that GOODTAKES’s status as the author of the material on the Platform is always acknowledged and referenced.
The Consumer is not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a license from GOODTAKES to do so.
Except as stated in this section16, 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 GOODTAKES’s prior written permission.
We do not accept any unsolicited ideas to our Platform from outside GOODTAKES, including, without limitation, suggestions about advertising or promotions, merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Platform or otherwise to GOODTAKES, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for GOODTAKES to utilize your submission, you hereby grant GOODTAKES an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
16. Third Parties
When you use the Services, GOODTAKES’s role is to provide the Platform to help connect users with Stores. Please note that GOODTAKES does not provide, endorse, or guarantee any third-party product, service or information. GOODTAKES is not affiliated with the vendors featured on the Platform (including, without limitation, the Stores) and is not responsible for their products and services.
The Platform may contain links to other websites not maintained by GOODTAKES. Other websites and apps may also reference or link to our Platform. We encourage you to be aware when you leave our Platform and to read the terms and conditions and privacy statements of each and every website and apps that you visit. We are not responsible for the practices or the content of such other websites and apps.
17. No Warranties
WHILE GOODTAKES USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE PLATFORM, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR PLATFORM, GOODTAKES MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, IS PROVIDED "AS IS" AND GOODTAKES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PLATFORM. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOODTAKES DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GOODTAKES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, GOODTAKES SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL GOODTAKES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT IF FOUND WILL GOODTAKES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE CONSUMER FEES PAID TO GOODTAKES FOR PRODUCTS AND SERVICES OR MAXIMUM ONE HUNDRED HONG KONG DOLLARS.
All information posted on the Platform is subject to change without notice. In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them on the Platform. You should check the Platform for such changes frequently. Your continued access of the Platform after such changes conclusively demonstrates your acceptance of those changes.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
20. Governing Law, Jurisdiction and Dispute Resolution
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation shall be governed by and construed in accordance with the law of Hong Kong S.A.R.
Each party irrevocably agrees that the courts of Hong Kong S.A.R shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
GOODTAKES’s Contact Information and Consumer Service
UNIT 6, 11/F, PROSPERITY PLACE
6 SHING YIP STREET
KWUN TONG, KOWLOON, HONG KONG
Our Consumer Service may be contacted through our contact page in the App or “firstname.lastname@example.org”.