Terms and conditions

Introduction

ECO N’ TASTY To fight the waste of edible food and advance the partnership between businesses and consumers to reduce food waste, get more on people’s tables, and recover part of food costs.

Our platform offers consumers an opportunity to shop from local farms, restaurants, bakeries, and grocery stores by purchasing a TASTED BAG of produce and food from locations that have surplus items at the end of the day and/or week at a fraction of the cost while minimizing food waste and its environmental impact. 

ECO N Tasty concept –

The Products are made available for purchase on the Platform, and consumers may purchase the Products by placing an Order, offering a TASTED BAG to someone else, or donating an Extra Bag to a Nonprofit.

The Products are bought by Consumers when businesses have listed their TASTED BAGS for the day and/or for the week. At the time of Purchasing the Consumer receives a Confirmation order that needs to be present at the time of pick up.

The bags can be a single product and/or a mixture of products with hot, cold food, or raw items.

Once a Consumer reserves a TASTED BAG and the Business accepts the Order, the Consumer must be present at the Business at the Pick-up time (as defined below). Both parties have a right of cancellation as defined below.

ECO N’ TASTY is solely facilitating orders of Products from a Business to a Consumer, and there shall be no contractual relationship between ECO N’ TASTY and the Consumer regarding the Products or the sale of Products, which is concluded between the Business and the Consumer. ECO N’ TASTY has no responsibilities in respect of the Products or fulfillment of any Order or agreement between the Business and the Consumer.

ECO N’ TASTY is solely collecting the Purchase Price (as defined below) for the Products on behalf of the Business and is thus merely acting as a fulfillment and payment agent on behalf of the Business.

TERMS & CONDITIONS

ECO N’ TASTY, (“we” 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 farms, restaurants, hotels, supermarkets, bakeries and other retailers (collectively, ”Businesses”) that have been onboarded on the Platform to end-users (“Consumers”, “you” or “your”).

These Terms and Conditions (“Terms”) apply to the use of the Platform and the ECO N’ TASTY app (”App”), which can be downloaded from app stores (collectively, the “Services“).

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.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS

1. Acceptance

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, and,
• At least 18 years old and in possession of a valid debit card, credit card, or other payment means available for payment on the Platform.
• If the Consumer is under 18 years of age, the Consumer is using the Services under the supervision of an adult who is at least 18 years of age. In such cases, the adult user is deemed the user of the Services. If you are under the age 13, you may not, under any circumstances or for any reason, use the Services.

By accepting these Terms, the Consumer agrees to receive all relevant information in English. Furthermore, the Consumer agrees that all agreements between the Consumer and ECO N’ TASTY, and any related information necessary for conducting the Services, are stored by ECO N’ TASTY in accordance with ECO N’ TASTY’s privacy policy.

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 ECO N’ TASTY in order to ensure that the Consumer receives all essential notifications related to the Order.

ECO N’ TASTY 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

2. Registration

• In order to make an Order (defined below) through the Platform with one of the Businesses, you must register for an account on the Platform (an “Account”), by providing your email address, phone number, and password.
• You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account and for keeping your Account password secure. You may never use another person’s Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. Please see our Privacy Policy for more information on how we use and protect your personal information. Your account status may be suspended for a violation of the above.

3. Product and Product Information

ECO N’ TASTY is exclusively facilitating an Order of a Product between the Consumer and the Business and ECO N’ TASTY has no responsibilities in respect of the Products or fulfillment of any contract between the Business and the Consumer.

ECO N’ TASTY does not, in any way, manufacture, purchase, store, prepare, produce, process, mark, pack, deliver, or handle the Products. ECO N’ TASTY has no responsibility for the fulfillment 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 ECO N’ TASTY is explicitly designated as the manufacturer or seller of the Product on the Platform.

The Consumer can find information about the Products and/or descriptions 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, ECO N’ TASTY has no liability. The Businesses are responsible for providing information about the Products and ensuring that the information is factually accurate and up-to-date. ECO N’ TASTY does not have any responsibility for the information provided by the Businesses 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 the conclusion of the purchase. The Business’s contact information will appear on the Platform. The Consumer may always cancel the Order if the cancelation is due to allergens, or out-of-date labeling-related information regarding the Product. ECO N’ TASTY is not responsible for any ingredient, allergy, caloric, or other nutritional information provided by the Business or otherwise found on the Platform. It is the responsibility of the Consumer and the Business to confirm whether any allergens are present in the Products.

It is the Business’s decision to provide the Consumer with information regarding a list of ingredients, allergens, and other labeling-related information regarding the Product. Any Products purchased from a Business following an Order shall be consumed immediately after Pick-up and/or as instructed by the Product label or the Business. ECO N’ TASTY will not assume any liability for Consumers’ adverse reactions from Products for any reason, including if consumed inconsistently with the labeling or the information set out in these terms or given directly by the Business.

ECO N’ TASTY 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.

4. Order of Products

A list of active Businesses 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 Business and Product, the Consumer will be given the opportunity to submit his or her Order by clicking “reserve,” “place my 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 reserve, the nature of Products contained in “The TASTED BAG,” or as otherwise determined by ECO N’ TASTY.

The referenced Businesses are the ones who are active on the Platform.

The supply of Products on the Platform is only an invitation to the Consumer to place an Order.

An Order made by the Consumer via the Platform (“Order” or “Orders”) is considered an offer by the Consumer to the Business to purchase a Product.

The Order shall be accepted by the Business upon Pick-up and the Order shall be final and binding upon the Business and Consumer upon Pick-up of the Product (as defined below), subject, however, to the limitations in the cancellation rights as described herein.

5. Order Confirmation

Upon receiving the Order, ECO N’ TASTY will begin processing it by sending the Order to the relevant Business. ECO N’ TASTY 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 Business.

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 confirmation of receipt of the Order.

6. Right of Cancellation and Refund

ECO N’ TASTY’s concept is to avoid waste of food and other products and, therefore, if the Business has no Products in excess, the Business may cancel the Order up until two hours before the beginning of the agreed time of Pick-up (as described below). In this case, the Consumer will receive a cancellation notification from ECO N’ TASTY or the Business via email, SMS and/or the Platform provided that the contact information provided to ECO N’ TASTY is correct and that the Consumer has agreed to receive such notifications. If the Business cancels the Order within two hours of collecting time windows of the agreed time of Pick-up, the Consumer will receive a full refund.

Because the Products are perishable goods, and because ECO N’ TASTY’s concept is to avoid waste of food, the Consumer can only cancel the Order up until two hours before the beginning of the agreed time of Pick-up. However, the Consumer may cancel the Order at Pick-up time if the cancellation is due date labeling-related information regarding the Product and/or quality and safety and must provide photos of the bad items.

The consumer shall receive a full refund if he or she receives -out-of-date items, stale, rotten, spoiled, curdled produce or items. The consumer must open a case via the Support tab on the platform and follow the steps.

If the Business does not meet the bag’s value but all items in it are according to contractual terms of quality, the consumer shall receive a voucher value for the difference for use within 60 days. No full refund is offered.

The decision to use the right of cancellation must be communicated by the Consumer to ECO N’ TASTY via the complaint link on the Platform. If the Consumer cancels the Order outside of the parameters set out above, the Consumer will not be entitled to a refund.  

7. Pick-up

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 period of 10-30 minutes but can be both shorter and longer at the Business’s discretion. Business 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 Business’s guests. Be aware that if the Consumer arrives too late, the Business may be closed and/or the Product may be unavailable.

Since the Products are perishable goods and since ECO N’ TASTY’s concept is to avoid waste of food and other products, the Business 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, ECO N’ TASTY 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 in the ECO N’ TASTY app to the Business’s employees, after which they will “swipe” 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 Products ordered, and the number of Products handed out correspond to the Consumer’s Order.

Consumers shall follow all rules, regulations, and safety measures any Business may initiate or employ. Failure to abide a Business’s rules can result in a cancellation without a refund.

8. Price

All prices are indicated in U.S. currency.

Any value of the Products stated on the Platform is a minimum value had the Products not been sold as surplus food. The value may not, and is typically not, the price of the Products.

The Platform offers a few options for Products for $7.99, $9.99, and custom bags plus any sales tax added on each transaction. Businesses can customize the TASTED BAG and list it on the Platform.

9. Payment

The Consumer can pay with several brands of debit and credit cards on the Platform.

If using credit or debit 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 Business 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 to the Consumer ́s account upon Order of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the Order is canceled in accordance with these Terms, the Purchase Price is canceled or refunded to the Consumer.

The Purchase Price is collected by ECO N’ TASTY from the Consumer on behalf of the Business. ECO N’ TASTY 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.

ECO N’ TASTY 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, ECO N’ TASTY 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 Business or canceled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to ECO N’ TASTY 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 ECO N’ TASTY 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 ECO N’ TASTY is not responsible or liable to the Consumer in relation to the above.

10. Right of Complaint

In case of a complaint concerning a Product (including a “The TASTED BAG” and its contents), the Consumer shall address the complaints to the Consumer Service of ECO N’ TASTY before taking any other action. ECO N’ TASTY will handle all claims (including with respect to a “ The TASTED BAG” and its contents) as ECO N’ TASTY deems correct and any decision by ECO N’ TASTY regarding the Product is entirely up to ECO N’ TASTY.

In the event that the intervention of ECO N’ TASTY is not to the satisfaction of the Consumer, these Terms do not limit the means available to the Consumer to resolve the dispute it has with the Business under applicable law.

All complaints are handled exclusively by ECO N’ TASTY and the Consumer shall direct complaints to ECO N’ TASTY and not the Business.

The Consumer shall verify the content of the Products upon receipt.

In case of a complaint, the Consumer shall contact ECO N’ TASTY via the complaint link on the Platform within two hours of receiving the order and provide the requested information, including information about the Product at issue, photos of the product/and issue, and why the Consumer is unsatisfied. After receiving the complaint, ECO N’ TASTY will process the complaint, in cooperation with the Business if relevant, and the Consumer will receive a reply from ECO N’ TASTY within 10 business days.

11. Consumer Behavior/Rules of Conduct

Consumers are requested to abide by local rules and be kind and courteous to the Business and the Business ́s guests and personnel, as well as ECO N’ TASTY ́s personnel.

The Consumer is informed that in case of inappropriate behavior towards a Business, the other Consumers of a Business or ECO N’ TASTY, or if the Consumer commits a crime against or in a Business in connection with the Services, or violates the code of conduct rules of a Business or ECO N’ TASTY or any other similar behavior, ECO N’ TASTY may, in particular after complaints made by a Business, ban, exclude or suspend the Consumer from the Platform and the Services. The intervention of ECO N’ TASTY does not deprive a Business 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.

12. Indemnification/Limitation of Liability

You agree to indemnify, defend and hold harmless ECO N’ TASTY and its parents, subsidiaries, and affiliates, along with their respective employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners, and representatives (the “ECO N’ TASTY Group”) 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.

The ECO N’ TASTY Group shall not be liable for losses arising out of or in connection with (i) matters for which a Business bears the responsibility, (ii) faults of third parties or through nonattributable 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).

ECO N’ TASTY is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside ECO N’ TASTY’s control. Such circumstances may be but is not limited to disruptions in the operation of ECO N’ TASTY 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.

ECO N’ TASTY 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.

13. Intellectual Property

ECO N’ TASTY 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 ECO N’ TASTY 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 ECO N’ TASTY.

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 the material published on it (including without limitation photographs and graphical images) are owned by ECO N’ TASTY or ECO N’ TASTY’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 clause is prohibited.
• The Consumer may not modify the digital or paper copies of any materials that he or she prints in accordance with this clause 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 ECO N’ TASTY’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 ECO N’ TASTY to do so.

Except as stated in this clause, 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 ECO N’ TASTY’s prior written permission.

We do not accept any unsolicited ideas to our Platform from outside ECO N’ TASTY, 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 ECO N’ TASTY, 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 ECO N’ TASTY to utilize your submission, you hereby grant ECO N’ TASTY 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.

14. Third Parties

When you use the Services, ECO N’ TASTY’s role is to provide the Platform to help connect users with Businesses. Please note that ECO N’ TASTY does not provide, endorse, or guarantee any third-party product, service or information. ECO N’ TASTY is not affiliated with the vendors featured on the Platform (including, without limitation, the Businesses) and is not responsible for their products and services.

The Platform may contain links to other websites not maintained by us. 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.

14. No Warranties

WHILE ECO N’ TASTY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE PLATFORM, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR PLATFORM, ECO N’ TASTY 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 ECO N’ TASTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PLATFORM. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ECO N’ TASTY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ECO N’ TASTY 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, ECO N’ TASTY SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT WILL ECO N’ TASTY 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 WILL ECO N’ TASTY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO ECO N’ TASTY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

15. Changes

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.

16. Severability

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.

17. Waiver; Remedies

The failure of ECO N’ TASTY to partially or fully exercise any rights or the waiver of ECO N’ TASTY of any breach of these Terms by you shall not prevent a subsequent exercise of such right by ECO N’ TASTY or be deemed a waiver by ECO N’ TASTY of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of ECO N’ TASTY under these Terms and any other applicable agreement between you and ECO N’ TASTY shall be cumulative, and the exercise of any such right or remedy shall not limit ECO N’ TASTY ‘s right to exercise any other right or remedy.

18. Governing Law and Arbitration

The laws of the State of Nevada shall govern these Terms. While we will make reasonable efforts to resolve any disagreements you may have with ECO N’ TASTY, if these efforts fail you agree that all claims, disputes, or controversies against ECO N’ TASTY arising out of these Terms, or the purchase of any products or services (“Claims”) are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and ECO N’ TASTY agree in writing, and the arbitrator shall apply Nevada law consistent with the American Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity.

You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting the American Arbitration Association by using the contact information noted below.

American Arbitration Association 800-778-7879 (toll-free)

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your Consumer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and ECO N’ TASTY hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

19. Class Action and Jury Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ECO N’ TASTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS

Questions

Should you have any questions regarding these Terms you may contact us via our contact page in the App.

ECO N’ TASTY  Contact Information and Consumer Service

ECO N TASTY, LLC

780 Smithridge Dr. Unit. 250, Reno, NV 89502

Our Consumer Service may be contacted through our contact page in the App.

Version date: November 2022