TERMS AND CONDITIONS FOR USE OF SERVICES
ON THE KNEAD TECH PLATFORM
1. DESCRIPTIONS AND DEFINITIONS
1.1 Knead Technologies Inc.
Knead Technologies Inc. (“Knead Tech”) offers a technology-enabled food rescue platform in the United States and Canada.
1.2 the Knead Tech Platform
The Knead Tech Platform is an innovative online platform operated by Knead Tech that supports food rescue organizations by connecting food donors and food recipients.
1.3 Food Rescues, Food Donors, and Food Recipients
The Knead Tech Platform permits restaurants, suppliers, wholesalers, and other entities who are approved as a food donor (“Food Donor”) to donate food (“Food Rescue”) directly to an approved agency that provides social services (“Food Recipient”) and individuals who provide voluntary service to Food Recipients (“Volunteer Delivery Drivers”) in connection with a Food Rescue.
Food Rescue: Any donation of food from a Food Donor to a Food Recipient via the Knead Tech Platform is a Food Rescue.
Food Donors: Any food business that has surplus food to donate using the platform may apply to become a Food Donor. Once approved, Food Donors have access to certain services and programs offered on the Knead Tech Platform – including being connected with certain charitable and not-for-profit social service organizations that rescue food.
Food Recipient: Any registered charity or not-for-profit organization that uses rescued food in social service programs may apply to become a Food Recipient. Once approved, a Food Recipient is granted access to services, programs, and Food Donors that have been cultivated on the Knead Tech Platform.
Volunteer Delivery Driver: Any individual who wants to volunteer their time and resources for transporting food from Food Donors to specified Food Recipients can register themselves as a Volunteer Delivery Driver on the Knead Tech Platform. Once approved, a Volunteer Delivery Driver is granted permission to participate in Food Rescues for the specified Food Recipients.
User: Every Food Donor, Food Recipient, and Volunteer Delivery Driver is a User of Knead Platform (“User”) and subject to these Terms and Conditions for Use of Services on the Knead Tech Platform (“Terms & Conditions”).
1.4 These Terms & Conditions
By seeking approval to be a Food Donor, Food Recipient, or a Volunteer Delivery Driver, you agree to be bound by these Terms & Conditions, as applicable. These Terms & Conditions constitute a legal agreement and are entered into by and between you and Knead Tech. These Terms & Conditions govern your access to and use, including any content, functionality, services, and programs offered on or through the Knead Tech Platform.
By applying to become a User and using the Knead Tech Platform, you accept and agree to be bound and comply with these Terms & Conditions.
2. DONATION AND DISTRIBUTION OF FOOD
2.1 Acknowledgement of Donation of Food Legislation
You understand that the donation of food is governed by the applicable Donation of Food Legislation in the United States and Canada, including the Bill Emerson Good Samaritan Food Donation Act, and and similar legislation in other relevant jurisdictions. You acknowledge that you have read and understand the applicable Donation of Food Legislation and understand that in most jurisdictions there is no liability for damages resulting from injuries or death caused by the consumption of the food unless:
- The food was adulterated, rotten, or otherwise unfit for human consumption, and
- In donating or distributing the food, the person who donated or distributed the food intended to injure or to cause the death of any person who consumed the food or acted in reckless disregard for the safety of others.
2.2 Food Must Be Fit for Human Consumption
You agree that in compliance with the applicable Donation of Food Legislation, you will not donate or distribute donated food that is adulterated, rotten, or otherwise unfit for human consumption.
2.3 Title and Risk of Loss
Title and risk of loss pass from the Food Donor to the Food Recipient upon pick-up of the rescued food by the Food Recipient, including pick-up by any directors, officers, employees, agents, or Volunteer Delivery Drivers of the Food Recipient. In case of pick-up by Knead Tech Volunteer Delivery Drivers, Knead Tech will only be responsible for the safe execution of delivery to the Food Recipient.
2.4 No Reliance
The services and information on the Knead Tech Platform are provided to facilitate food donations from Food Donors to Food Recipients. It is not intended to amount to food donation services upon which you should rely. You should not rely on the Knead Tech Platform to meet your operational needs and you must obtain other sources to donate and/or receive food to ensure that such operational needs are met.
Knead Tech makes no representations, warranties, or guarantees, whether express or implied, that the content on the Knead Tech Platform is accurate, complete, or up to date nor about the quality, quantity, availability, or frequency of donated food, Food Donors, Food Recipients, and the services provided by Knead Tech. Your use of the Knead Tech Platform is at your own risk and Knead Tech has no responsibility or liability whatsoever for your use of the Knead Tech Platform.
The Knead Tech Platform includes content provided by third parties, including from Users. All statements in any such third-party content, other than the content provided by Knead Tech, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Knead Tech. Knead Tech has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
2.5 Distribution
Users agree that they will donate or distribute food, as applicable, in a fair, equitable, and dignified way and will not engage in discrimination, in offering this food, against any person because of race, color, citizenship, religion, sex, national origin, ancestry, age, marital status, disability, sexual orientation, gender identity or any other analogous grounds of discrimination.
3. TERMS & CONDITIONS APPLICABLE TO FOOD DONORS
3.1 Accountability
As a Food Donor, you will ensure donated food is made available at the agreed-upon time and location, or you will provide at least four (4) hours’ advance notice that the donation is being canceled or rescheduled.
3.2 Food Safety
As a Food Donor, you will ensure that you have traceability procedures in place to manage potential food product recalls and that you will advise Knead Tech promptly of any and all food recalls that could potentially affect food that you have donated.
3.3 No Sale or Barter
If you are a Food Donor, then you will not ask any Food Recipient for any form of cash, goods, or services, in exchange for rescued food donated through the program on the Knead Tech Platform.
4. TERMS & CONDITIONS APPLICABLE TO FOOD RECIPIENTS
4.1 Food Safety
Maintaining and preserving the safety of rescued food is of utmost importance to the success of the programs offered on the Knead Tech Platform. If you are a Food Recipient, then you are responsible for ensuring that the food you redistribute is safe for human consumption. You agree to the terms in this section 4.1.
- You will only redistribute fresh and frozen raw (uncooked) meat to organizations that have demonstrated the capacity to accept, store, and redistribute protein of this nature consistent with requirements set out by the government local public health authority.
- You will sort all food to ensure it is safe for human consumption before distribution to end-recipients.
- Except where local requirements dictate otherwise, your facilities where food is stored and prepared will be inspected by a local public health unit within 18 months of claiming any food through the Knead Tech Platform, and you will continue to comply with all local requirements.
- You will follow the rules and procedures set out in your state/provincial/territorial health authority’s food safety acts and/or regulations. You acknowledge that you have read and understood applicable acts and regulations that apply to your state/province/territory.
- You will track temperatures of any rescued food that must remain in a cold chain from donor to your facilities. You will retain appropriate temperature logs for a minimum of 1 year and make these available as requested by either the Food Donor or any associated organizations.
- You will follow the rules and procedures set out in your state/provincial/territorial health authority’s food safety acts and/or regulations for maintaining safe food handling certification requirements of staff or Volunteer Delivery Drivers who will physically handle food on-site during your operational hours.
- You have traceability procedures in place to manage potential food product recalls, which include but are not limited to:
– Registration with relevant authorities for receiving email notifications for food recall warnings.
4.2 Limits on Sale or Barter
If you are a Food Recipient, then you will not sell or trade food received through the Knead Tech Platform. Only programs that provide prepared meals or snacks or both are permitted, if needed, to charge a nominal fee (not more than 10% of the value of the rescued food) to the end recipients, solely
4.3 No Compensation
If you are a Food Recipient, then you will inform end-recipients that they must not return donated food to the Food Donor, or any other retail outlet, with any intention of complaint or refund request.
4.4 Accountability
If you are a Food Recipient, you must ensure your accessibility to Knead Tech staff by either a phone or email. In case of an inquiry generated by a Knead Tech team user, you are obligated to respond within 72 hours. In the event of non-availability of the primary contact, provide an alternate contact for correspondence. When you claim a Food Rescue through the Knead Tech Platform, you are committing to pick up the rescued food at the agreed-upon time and location or providing advance notice if you cannot meet this commitment.
4.5 Responsible Distribution
If you are a Food Recipient, you will ensure that the food you receive is distributed responsibly and equitably to those in need. You agree to treat all end recipients with respect and dignity and to operate your food distribution activities in a manner that is fair and non-discriminatory.
5. TERMS & CONDITIONS APPLICABLE TO VOLUNTEER DELIVERY DRIVERS
5.1 Accountability
As a Volunteer Delivery Driver, you will ensure that you pick up and deliver rescued food at the agreed-upon times and locations. If you are unable to meet your commitments, you will provide as much notice as possible to Knead Tech and the relevant Food Donors and Food Recipients.
5.2 Food Safety
As a Volunteer Delivery Driver, you are responsible for ensuring that the rescued food is transported safely and remains in compliance with all applicable food safety regulations during transport. This includes maintaining appropriate temperatures for perishable foods and ensuring that food is not contaminated during transport.
5.3 No Compensation
As a Volunteer Delivery Driver, you understand that your participation in food rescues is voluntary and that you will not receive any compensation for your services. You are donating your time and resources to assist with the transportation of rescued food.
6. GENERAL TERMS & CONDITIONS
6.1 Compliance with Laws
All Users agree to comply with all applicable laws, regulations, and guidelines related to food safety, food donation, and food distribution. This includes but is not limited to the Donation of Food Legislation mentioned in section 2.1.
6.2 Confidentiality
Users agree to maintain the confidentiality of any proprietary or confidential information they receive through the Knead Tech Platform. This includes information about other Users, food donations, and any other sensitive information.
6.3 Indemnification
Users agree to indemnify and hold harmless Knead Tech, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to their use of the Knead Tech Platform, including but not limited to any violation of these Terms & Conditions.
6.4 Limitation of Liability
To the fullest extent permitted by law, Knead Tech will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Knead Tech Platform; (b) any conduct or content of any third party on the Knead Tech Platform, including without limitation, any defamatory, offensive, or illegal conduct of other Users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.
6.5 Modifications to Terms & Conditions
Knead Tech reserves the right to modify these Terms & Conditions at any time. We will notify Users of any changes by posting the new Terms & Conditions on the Knead Tech Platform. Users are advised to review these Terms & Conditions periodically for any changes. Continued use of the Knead Tech Platform following the posting of any changes constitutes acceptance of those changes.
6.6 Governing Law
These Terms & Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction in which Knead Tech operates, without giving effect to any choice or conflict of law provision or rule.
6.7 Entire Agreement
These Terms & Conditions constitute the entire agreement between you and Knead Tech regarding the use of the Knead Tech Platform and supersede all prior agreements and understandings, whether written or oral, relating to their subject matter.
6.8 Severability
If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
6.9 Waiver
No waiver of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Knead Tech to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
By using the Knead Tech Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
For any questions or concerns regarding these Terms & Conditions, please contact Knead Tech at hello@kneadtech.com.
