Updated and Effective as of May 10, 2020
Welcome to the Internet sites (“Sites”), applications and services provided by Turn Sustainable LTD (collectively, the “Services”). These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Turn Sustainable websites, applications, products, services and any of its brands that it controls, including;
and other affiliated sites and applications (collectively “we,” “us,” or “our”).
Our mission is to encourage consumers and businesses to a sustainable food system transition, sustainable lifestyle, raise awareness of food waste and reduce food waste by making surplus food available for consumers.
Refers to a person who buys the goods/services offered in our platform.
A Business is a legal entity that uses our platform to market their goods/services to Consumers.
You represent and warrant that you are an individual of legal age, 18 years of age or older to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you do not agree to these terms, you are not permitted to use the Services. These Terms have the same force and effect as an agreement in writing.
- 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.
If the User intends to create obstacles for operating of Services or takes efforts to impact its stable operating, Services can without any prior warning to restrict or suspend the User‘s possibility to use Services or in exceptional cases to cancel User‘s registration. The Services has the right to refuse to sell or deliver services in case untrue, inaccurate, deceptive or in-comprehensive data has been provided during the registration, ordering and payment procedure or later.
The Services has the right to unilaterally make changes in conditions of these rules.
We may terminate or suspend your access to all or part of the Services, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any other user of the Services, or any third party.
Description of Services
The Services is an interactive marketplace platform that allows food and beverage merchants to share their dishes, event promoters (“Hosts”) to offer meals or other food events (“Experiences” or “Events”), for hungry people to find good food to eat, and surplus food available.
On SustainableGastro.com you can find information and buy tickets for our own and our partner’s gastronomy related workshops, experiences and events such as dining, culinary presentations, educational sessions and more.
The FoodBites.app is a web based platform/sales channel that helps consumers find services/products of food businesses in their local area. The information shown in this platform is only as accurate as the information entered by the various 3rd party businesses. Services takes no liability for inaccurate information; although greatly appreciates consumer reports of it.
FoodBites is exclusively arranging the contract between the Consumer and the Business and FoodBites has no responsibilities in respect of the Products or fulfilment of the contract between the Business and the Consumer.
The FoodBites service allows users to eat affordably and become acquainted with nearby merchants.
You may browse the Website without creating an account, subject to these Terms. In order to use the full features of the Service and the features made available through the Application and Website, you are required to complete a registration process to create a account with Us. You can also take the Service with you by registering for an account and downloading our Mobile App from us or a third party distributor like the Apple App Store or Google Play (“App Distributor”). Your use of any account with an App Distributor is subject to any terms, conditions, and policies, including privacy policies, of that App Distributor.
When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
You may not have more than one (1) active Account. If we believe you have multiple accounts, we reserve the right to terminate any one or more of such accounts.
You are solely responsible for: maintaining the security of any logins, passwords, or other credentials that you select or that we provide to you to access your account; and all activities that occur through your account, whether or not you have authorised them. To protect your account from unauthorised use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to events (at) sustainablegastro.com.
When you create your account you are given access to use the Services software platform made available through our mobile application (“Application”) and/or its website during the Term (as defined below) solely for the Purpose.
Creating your Account offers you easy access to see food, events, workshops available near you, your current order, your previous orders, and edit your personal preferences. In order to create your Account, it is necessary to provide personal information, which includes but is not limited to, your name, contact and payment information.
Creating your account offers you easy access to see your company details, the products, services, events you offer for sale, and the purchases that have been made through Services’ service offering. In order to create your Account, it is necessary to provide certain personal information, which includes but is not limited to, your name, contact information, and more. It is also necessary to provide your company information, which includes but is not limited to, company name, company information, contact information, billing information, and more.
Experiences and Products
The Services works with local partners and event organisers to offer you the opportunity to purchase gastronomy event tickets, take away food and surplus food that would otherwise go to waste. The supply of food items and event tickets is depending on each merchant’s daily business, and as such it is not guaranteed that food, products and tickets are available at all times you use the Platforms or the Websites.
Through the Web Application (FoodBites) you are presented with a description of the food item so that you as the Consumer will get as good information about ingredients, allergens, price discount etc. The Products are made available for reservation on the Platform, and Consumers may reserve the Products by placing a Reservation Order (as defined below) on the Platform.
If the Consumer is in doubt about allergy warnings, contents of a dish or any other menu information, the Consumer shall confirm with the Business directly before ordering. The Business’ contact information will appear on the Platform. The Consumer may always cancel the Reservation Order, if the cancelation is due to ingredients, allergens or other labelling related information regarding the Product.
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 the reservation. There may be instances where the Platform is not updated and where the actual product range, stocked items etc. is not as stated on the Platform. In such cases, Services is of no liability. It is the Business that is responsible for providing information about the Products and to ensure that it is factually accurate and up-to-date. Services does not undertake any such responsibility and, hence, has no liability for the contents of or availability of information regarding the Products.
Any food item purchased via the Services Platform shall be consumed immediately after Pick-up and/or as instructed by the Product Label or the Store. Services will not assume any liability for Consumers’ adverse reactions from Products for any reasons, including if consumed inconsistently with the labelling or the information set out in these terms or given directly by the Business.
Services 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.
Services are neither the provider nor the producer of the food items listed in the service nor are Services responsible for the information given about each food item. The provider of the food items is responsible for all the information regarding the food item. Would you have any questions regarding given information about a food item, we direct you to the Business.
As a logged in Business, you may create experiences and events, food and surplus products to be sold (hereinafter referred to as “Item(s)”). To this end, you will be asked a variety of questions about the Items to be listed, including, but not limited to, the location, capacity, menu, date, title, ingredients, allergens, regular price and discount and related rules and financial terms. In order to be featured in Services, all Items must have valid physical addresses. Items will be made publicly available via the Website, Mobile App and Service. Consumers will be able to reserve items and pay for the experience / event based upon the information provided in Services platform.
You understand and agree that once a Consumer reserves / purchases an item and at Services platform, the price for such payment may not be altered.
It is strictly prohibited to list an Item at a higher original price than the price charged at the Business’s location.
You the Business acknowledge and agree that you are solely responsible for any Items you post. Accordingly, you represent and warrant that any Item you post and the reservations of, or Consumer’s attendance at, an Item you post will not breach any agreements you have entered into with any third parties, will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any event or venue included in an Product and Experience you post, including, but not limited to, zoning laws, health laws, license laws and any other applicable laws governing properties, food and unique ingredients, will be in compliance with all applicable law, policy or procedure of a governmental authority of the state or local jurisdiction in which you operate. Please note that Services assumes no responsibility for a Business’s compliance with any applicable laws or a Business’s failure to comply with the terms stated above.
You understand and agree that Services does not act as an insurer or as a contracting agent for, or representative of, you as a Business, and if a Consumer requests a booking of your Items and participates in your Experience / Event, any agreement you enter into with such Consumer is between you and the Consumer and Services is not a party thereto. Notwithstanding the foregoing, Services serves as the limited authorised reservation and payment collection agent of the Business for the purpose of accepting, on behalf of the Business, reservations of food items and payments of Experience / Event tickets from Consumers of the amounts stipulated by the Business in the Business’ listing for the Items.
Order and order confirmation
Reservation of Products
An order made by the Customer via the Platform (“Reservation Order”) is considered an offer to purchase the items or services from us or the Business.
The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or (ii) dispatch the goods to you or commence the services, whichever is the later.
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
Price and Payment
All prices shown are inclusive of VAT (only where applicable – see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.
The Consumer can pay with several brands of debit and credit cards as well as other payment methods made available on the Platform.
Furthermore, as all items are sold on a first come first serve basis, Sustainable Gastro cannot guarantee that you will get the item you have started, but not finished, ordering.
Upon placing a Reservation Order, the amount stipulated by the Business for the items (“Purchase Price”) is authorised 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 reservation of the item or immediately after Pick-up (depending on the chosen method of payment). If the reservation is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to Consumer.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 5, we are not required to sell the items to you at the price shown. We always try and ensure that the prices of items shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the items, then you will receive a full refund. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.
We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
The Services does not store any debit or 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, the Services recommends that the Consumer contacts his or her bank.
By accepting these Terms, the Consumer accepts the method of payment set out above and acknowledges and agrees that the Services is not responsible or liable to the Consumer in relation to the above.
Pick up of order and delivery
Delivery of tickets and/or vouchers is done electronically. The Buyer is responsible for providing his/her correct email address on purchase and checking also the spam folder for emails. If a check in is required before an event, the Buyer is responsible for making sure it is done according to instructions provided.
Pick-up of physical item, upon arrival, you show the business the order confirmation in the Application to receive your order. The business has also the ability to confirm your order in the business application by identifying you by name.
When using the Application or Website, you shall always pick up the physical item(s) ordered from the applicable business’s premises in a timely manner during the time frame provided by the Business. If you do not collect your order during the given time frame, the Business has the right to do as they see fit with the ordered item. Unless stated otherwise by the business, you are not entitled to receive a refund for ordered items that have not been collected on time.
The Services does not currently charge its users to access and use the Application or the Website; however the Services may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Application, the Website and/or for different levels of subscription or accounts.
We take a commission from items reserved/purchased using the Services portal / platform.
Your Feedback and Complaints
The Services is an advertising portal channel via which business’s items, events and experiences are displayed and traded. The Services is not the provider or the producer of the items listed in the service. The Services is not responsible for the quality of the items ordered through the service or errors that may occur during the pickup of an order. The Business is responsible for all the user reclamations concerning the item.
The Business is committed to prepare the Order in accordance with the features ordered by the User and within the time shown on the Services platform. If there are any defects in the (delivery of the) Order, the User may contact either the customer service of the Services, acting on behalf of Business, through the in-app customer support chat or at firstname.lastname@example.org the Business directly.
The Consumer shall verify the content of the Products upon receipt.
The cooperating Businesses are committed to preparing the items offered through the service in compliance with the legislation concerning the handling, storing and transportation of items and in accordance with the established principles and practices of the industry.
If you detect a technical error or other error in the Services platforms, you can report the problem through the Application or Website.
Consumer is requested to show respect for the Businesses’ customers and personnel, as well as the Services’ personnel.
The Consumer is informed that in case of inappropriate behaviour towards the Business, the other customers of the Business or the Services, or if the Consumer commits a crime against or in the Business in connection with the Service, or violates the code of conduct rules of the Business or the Services or any other similar behaviour, the Services may, in particular after complaints made by the Business, ban, exclude or suspend the Consumer from the Platform and the Services. The intervention of the Services does not deprive the Business of the means and rights at its disposal to obtain possible reparations.
The Services is the owner of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
Limitation of liability
The Services shall not be liable for losses arising out of or in connection with (a) matters for which an Business bears the responsibility, (b) faults of third parties or through non-attributable interruption of availability of the Platform; (c) orders by Consumers made using fraudulently obtained payment data or other contractual data (e.g. the “phishing” of credit card data, identity theft etc.); (d) content of sites to which the Platform links, including the accuracy of the linked sites and the data protection at such site; and (e) similar events as set out under (a) – (d).
The Services is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside the Service’s control. Such circumstances may be but is not limited to disruptions in the operation of the Services and/or the Business as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.
The Services shall only be liable for direct losses and shall in no event be liable for indirect or consequential losses. In all events, except in the event of fraud or wilful misconduct, the Services’ liability is limited to the amount of EUR.
This also applies in respect to product liability.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforce ability of any remaining provisions of the Terms.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
These Terms form the entire basis of any agreement reached between you and us.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Applicable Law and Dispute Resolution
These Terms (and any reservation and purchase of items made hereunder) are subject to the laws of the country in which the Business, from which the reservation or purchase is made, is located.
Any dispute arising out of or in connection with these Terms shall – where such dispute cannot be settled amicably – be decided by the courts of the country in which the Business, from which the reservation or purchase is made, is located.
Irrespective hereof, the Business may always submit a complaint to the relevant consumer protection authority applying in the country in which the Business, from which the reservation or purchase is made, is located.
If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.
Term and Termination of Account
This Agreement shall continue in full force until either:
(a) You terminate your Account, or
(b) the Services terminates your access to the Application or non-public portions of the Website, with or without notice (the “Term”).
When this Agreement is terminated, you no longer have access to the Application or any other non-public portions of the website nor platform.
Termination of account
For purposes of clarity, you are entitled to terminate your services account at any time. Choose “Delete account” or any corresponding function in the Application and/or the Website, or contact the Services. We will then delete or anonymise any personal information that can be attributed to you, except for certain information that the Services by law may have to save and archive.
Sustainable Gastro shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
Changes or updates of the agreement
Sustainable Gastro may change or 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 Application.
When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the Application, the Website or by sending you an email. If you do not agree to the changed Agreement, you have the right to terminate your Account before the changed Agreement come into force.
Termination of service
The Services reserves the right to modify, suspend, or discontinue the Application and the Website with 2 days’ notice.
Any credit in accounts will be refunded.
All disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved by the laws of Lithuania and the District Court of Vilnius, Lithuania.
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.
Sauletekio al. 15, 10224 Vilnius
Tel: +370 634 14242
Email: events (at) sustainablegastro.com
Thanks for taking the time to learn about our Terms of Service for Users.