Definitions

For consistency, we use the same terminology in these Co-op Food Share Platform Terms as the terminology used in our Website Terms of Use.

In addition, in these Co-op Food Share Platform Terms:

• “Co-op Food Share Platform” means the platform via which:
  1. Recipients are able to register their interest to collect surplus Food from a Retailer; and
  2. Retailers are able to notify Recipients of their interest to donate and make available for collection surplus Food.
• “Co-op Food Share Rules” means the rules and requirements which both the Retailer and Recipient must comply with when arranging Food Share Collections – set out at thecaboodle.co.uk which form part of these Co-op Food Share Platform Terms;
• “Food” means a Retailer’s surplus fresh food and/or ambient food which is to be donated to a Recipient in accordance with the Co-op Food Share Platform Terms;
• “Food Share Collections” means the arrangement between a Retailer and Recipient whereby a Retailer makes Food available for collection from a Store by a Recipient as agreed between them using the Co-op Food Share Platform and in accordance with the Co-op Food Share Platform Terms;
• “Recipient” means a community group or organization who has registered on the Co-op Food Share Platform;
• “Retailer” means a business who uses the Co-op Food Share Platform to make surplus Food available for collection in one or more of the Stores. For the avoidance of doubt this shall include us (Co-op) unless stated otherwise or where the context excludes Co-op; and
• “Store” means a Retailer’s food retail store from which the Food Share Collection will be made.

Your acceptance of these terms

By registering for, accessing or using the Co-op Food Share Platform, you confirm that you accept these Co-op Food Share Platform Terms and that you agree to comply with them.

If you do not agree to these Co-op Food Share Platform Terms, you must not register for, access or use the Co-op Food Share Platform.

We may amend these Co-op Food Share Platform Terms from time to time, so please check these Co-op Food Share Platform Terms regularly.

The Co-op Food Share Platform

In making the Co-op Food Share Platform available, we (Co-op) enable:

1. Recipients and Retailers to register their interest in making Food Share Collections;
2. Recipients and Retailers to be matched based on the Recipient’s availability to collect Food and the Retailer’s ability to make Food available for collection; and
3. Enabling Recipients and Retailers to communicate to arrange Food collection at a mutually convenient time.

The Co-op Food Share Platform is made available free of charge to Recipients.

We only provide the Co-op Food Share Platform for the benefit charities, community groups and other similar organization who meet the Co-op Food Share Rules. You agree not to use the Co-op Food Share Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not guarantee that Co-op Food Share Platform, will always be available or be uninterrupted.

We may suspend or withdraw or restrict the availability of all or any part of the Co-op Food Share Platform for business and/or operational reasons.

The Food Share Collections

Only Food Share Collections that meet the Co-op Food Share Rules may be offered, requested and/or arranged via the Co-op Food Share Platform.

We do not offer any warranties or assurances with regards to the Food Share Collections or the suitability of the Recipient or Retailer.

We are not responsible for communications between the Retailer and Recipient other than where this is a communication between Co-op and Recipient.

Food Share Collections are to be arranged exclusively by the relevant Retailer and Recipient in accordance with the Co-op Food Share Rules. You agree that we (Co-op) will not be responsible or liable for any loss, cost, damage or other liability of any sort (which can be legally excluded) incurred as the result of any Food Share Collections offered, requested, arranged or undertaken (either a Recipient or Retailer as the case may be). You hereby waive any claims against Co-op arising from or related to your dealings with a Retailer or Recipient as the case may be.

You agree that no employer to employee relationship created with you or any other relationship which could give rise to any Co-op liability.Co-op shall not under any circumstances be liable to the Recipient or the Retailer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss of anticipated saving, loss or corruption of data or information, special, indirect or consequential damage suffered by the Retailer or Recipient that arises under or in connection with the Food Share Collections.

Nothing in these Co-op Food Share Platform Terms shall exclude or limit the liability of either party in respect of:

1. death or personal injury caused by negligence (including negligence of its employees, agents or contractors);
2. fraud and/or fraudulent misrepresentation; or
3. any other liability which may not otherwise be limited or excluded under applicable law.

Subject to the aforementioned sentence, Co-op excludes all other liability under this Agreement to the fullest extent permitted by law.

You indemnify Co-op from and against all losses, liabilities, costs, charges, fines, expenses, actions, procedures, claims, demands and damages which Co-op directly or indirectly suffers in connection with your obligation to comply with the Foodshare Platform Terms.

Your responsibilities

When registering for, accessing or using the Co-op Food Share Platform (as either a Recipient or Retailer) to use the Co-op Food Share Platform you agree:

1. your organisation is registered in the United Kingdom;
2. the Food Share Collections are to be offered, arranged, provided and received voluntarily and free of charge;
3. to comply with all applicable laws and regulations;
4. to comply with the Co-op Food Share Rules; and
5. the information that you provide via the Co-op Food Share Platform and to the Retailer/Recipient directly (as the case may be) is true, accurate and complete.

You shall not access or use the Co-op Food Share Platform (as either a Recipient or Retailer) to:

1. request, offer or arrange Food Share Collections outside of the United Kingdom;
2. to collect or store personal data about other users without their consent;
3. for any commercial or other purposes that is not mentioned in these Co-op Food Share Platform Terms;
4. to request, offer or arrange any other services, skills, expertise or other work which is not mentioned in these Co-op Food Share Platform Terms or Co-op Food Share Rules; and
5. interfere with or disrupt the Co-op Food Share Platform or servers or networks connected to the Co-op Food Share Platform.
6. Additional Retailer Terms

Additional Retailer Terms

Additional terms apply to Retailers. When registering for, accessing or using the Co-op Food Share Platform as a Retailer, you are agreeing that:

1. if at any point, you become aware that all or part of the Food needs to be destroyed due to a recall, you shall endeavour to notify the Recipient as soon as reasonably practicable;
2. you act voluntarily and will not receive any payment for delivering the Food Share Collections or any other form of consideration; and
3. you are responsible for arranging Food Share Collections and we (Coop) will not be responsible for any missed collections as a result your acts or omissions.

Additional Recipient Terms

Additional terms apply to Recipients. When registering for, accessing or using the Co-op Food Share Platform as a Recipient, you are agreeing that:

1. you will only contact a Retailer for the purposes of arranging and fulfilling the Food Share Collections;
2. all or part of the Food may be past its ‘best before’ date;
3. you accept all risk and liability in determining appropriate uses for the Food;
4. the Food (including its packaging) may contain Co-op branding or branding of third parties and agrees that it shall not and shall procure that its employees, volunteers and representative do not deal with the Food in any way that causes, or could cause, harm to the Retailer’s reputation or the reputation of the Retailer’s suppliers;
5. you will provide Co-op with the name and contact details of a representative who is authorised to act on its behalf in connection with Food Collections and will immediately inform Co-op of any change to the identity or contact details of such representative;
6. you will remain a not-for-profit organisation or group for as long as you are registered on the Co-op Food Share Platform;
7. you are registered as a food premise with the relevant local authority;
8. you will ensure that the Food is fit for human consumption before it is made available to or provided to any person;
9. your storage and intended use of the Food shall comply with all applicable laws and regulations;
10. all conditions, warranties, stipulations or other statements whatsoever, whether express or implied, by statute at common law or otherwise are excluded, including without limitation any warranties regarding the fitness for purpose, merchantability, use or quality of the Food, whether express or implied, by statute at common law or otherwise howsoever;
11. Retailers are not obliged to make any Food available for collection or provide any minimum volumes of the Food to the Recipient;
12. you are responsible for arranging Food Share Collections and we (Coop) will not be responsible for any missed collections as a result of your acts or omissions.
13. all risk in, title to and liability for each batch of the Food collected shall pass to you once collected from a Store;
14. the Retailer makes no warranties relating to the Food, its condition or packing and you agree that any Food is provided by a Retailer is "as is";
15. you are entirely responsible for the appropriate storage, handling and any and all processing of the Food once it has been collected from the Store;
16. if at any point, you are notified by the Retailer that all or part of the Food needs to be destroyed due to a recall, you shall immediately destroy any Food as notified; and
17. once you are registered on the Co-op Food Share Platform you shall, take out and maintain with reputable insurers such policies of insurance as may be necessary in accordance with standard industry practice to insure against any risks that might arise out of your acts or omissions under these Co-op Food Share Platform Terms.

Queries or Complaints

Should you have any queries or complaints relating to the Co-op Food Share Platform, please contact hello@thecaboodle.co.uk

General Terms

If any part or provision of these Co-op Food Share Platform Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

These Co-op Food Share Platform Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute relating to these Co-op Food Share Platform Terms, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.