saveful for business
TERMS & CONDITIONS
These Terms & Conditions (“Terms”) govern access to and use of Saveful for Business Platform.
By subscribing, you agree to enter into these Terms which, together with the terms & conditions on our website at saveful.com and any other documents incorporated by reference into this agreement, constitute a contract between you and us.
The Terms are presented in two sections – Section 1 relates to the general use of the Platform. Section 2 relates to the specific functionality and subscription terms.
SECtiON 1: GENERAL USE OF THE PLATFORM
1. INTRODUCTION TO THE PLATFORM
The Saveful for Business Platform (“Platform”) is an application designed for compatible iPhone and Android devices. It provides access to products and services offered by Saveful and Third Party providers.
Your use of the Platform is subject to these Terms. Please do not download or use the Platform unless you have read and understood these Terms.
References to “you” and “yours” is a reference to a person using the Platform. If you are agreeing to these Terms not as an individual but on behalf of an entity or organisation, then “you” means that entity or organisation, and you acknowledge that you are binding that entity or organisation to these Terms. In these Terms a reference to the singular includes the plural and vice versa.
In these Terms, words that are capitalised have the meanings as defined throughout and otherwise have the following meanings:
"Mobile Device" means an electronic device in which the Platform can be downloaded, and includes smartphones and tablets
"Mobile Device Passcode" means anything required to unlock a Mobile Device including a password, passcode, pattern or biometric identifier (where applicable)
"Platform Content" means the content available in the Platform including product and services information, advice, advertising, text and graphics
"Platform Passcode" means any password chosen by you for the Platform
"Platform PIN" means any numeric code chosen by you for the Platform
"Security Code" means Platform Passcode, Platform PIN, Mobile Device Passcode, and any biometrics login information
"Saveful" means Saveful Worldwide Pty Ltd (ACN 164 032 811) and its subsidiaries and related companies
"Third Party" refers to an entity which is not a Saveful entity
"Third Party Platform" means a Platform owned and operated by a Third Party
"Third Party Site" means a website owned and operated by a Third Party
· “We”, “us” and “our” refers to Saveful.
Additional definitions are referenced and defined in Section 2.
2. WHO OPERATES THE PLATFORM
Australian companies in the Saveful group of companies currently operate the Platform. A reference to "we", "us" or "our" is a reference to each of the companies in the Saveful group of companies either collectively or individually (depending on the context).
3. THIRD PARTY PROVIDERS
We have relationships with third party product and service providers and some of the products and services may be advertised, viewed or accessed through the Platform, including links to websites or apps owned and operated by a Third Party. These services and products may either be provided under our brand or the brand of a Third Party.
Platform Content may be displayed within the Platform, it may link to our websites or it may link Third Party Sites or Third Party Apps. When you follow a link to content not included in the Platform, a separate browser or Platform will open for you to view this content. This content could be hosted on our site, a Third Party Site or a Third Party Platform and external websites or apps not operated or controlled by us are subject to the terms and conditions of the Third Party content provider.
You may be asked to consent to specific terms and conditions relevant for some Platform Content. These Terms should be read subject to any such specific terms where there is any inconsistency.
We accept no liability for any content provided by Third Parties, the provision of Third Party services or products accessed through the Platform or your ability to access third party websites or apps through the Platform. We do not guarantee the products and services available from Third Parties and accessed through the Platform.
Third Parties may also collect your personal information, which is addressed further below.
4. ACCESS TO THE PLATFORM
To register for the Platform you must select a Platform Passcode or use a biometric login if this functionality is available on your Mobile Device. Security Codes enable access to your products and services and must not be disclosed to anyone. We recommend you setup a Mobile Device Passcode on your Mobile Device itself, in addition to the Platform Passcode to prevent unauthorised access to your Mobile Device.
Mobile Devices logged into the Platform should not be left unattended and we suggest you ensure that you log out of the Platform when not using it and to lock your Mobile Device when it is not in use.
You should only install authorised and authentic applications on your Mobile Device and not override the software lockdown on your Mobile Device (for example, by ‘obtaining root access’ on an Android device and ‘jailbreaking’ on an Apple device).
5. RESTRICTIONS ON USE OF THE PLATFORM
The Platform is provided solely for our bona fide customers and registered users. You agree that you will not (either yourself or through any third party):
use any robot, spider, screen scraper, data aggregation tool or other automatic device or process ("Automated Process") to process, monitor, copy or extract any web pages on any of our Platform, or any of the information, content or data contained within or accessible through our Platform, without our prior written permission
use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Platform with information, content or data accessible via or sourced from any third party
use any information on or accessed through the Platform for any commercial purpose (including but not limited to market research, the provision of pricing estimates or 'shadow shopping') or otherwise (either directly or indirectly) for profit or gain
use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction or process being conducted on or through it
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to our Platform
reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with our Platform or, act fraudulently or maliciously in relation to the Platform or software or
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from any of our Platform without our prior written permission.
6. user generated content
The Platform may allow you to upload, submit or share content (“User Content”). User Content also includes but is not limited to comments, tips and/or instructions you post, transmit, communicate, upload, distribute, store, create, use, or otherwise publish or share.
You acknowledge and agree that you are solely responsible for any User Content you upload and that we may remove, restrict or moderate User Content at our discretion. You may only upload User Content for personal and non-commercial use only. We accept no liability for User Content uploaded by you or any other user to the extent permitted by law. User Content represents the views of the individual user and does not necessarily reflect our views.
You retain ownership of any intellectual property rights you hold in your User Content. By uploading User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to:
host, store, reproduce and display your User Content within the Platform
make your User Content available to other users of the Platform
adapt or format your User Content solely for technical, accessibility or presentation purposes
use your User Content for the operation, promotion and improvement of the Platform (including marketing, communications and reporting).
By uploading User Content, you warrant that:
you created the User Content or have all necessary rights, licences and permissions to upload it
your User Content does not infringe any third party’s intellectual property, privacy or other legal rights
your User Content does not contain confidential information belonging to someone else
your User Content complies with all applicable laws and regulations.
You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in any content or User Content contributed by you.
You must not upload User Content that you did not create or that you do not have permission to share or that is or could be:
misleading, false or deceptive
defamatory, offensive, abusive, threatening or discriminatory
infringing intellectual property or privacy rights
promoting illegal activity or unsafe practices
containing viruses, malware or harmful code.
We reserve the right (but are not obliged) to monitor, moderate, remove or restrict access to any User Content at our discretion and/or terminate your access to the Platform.
To the extent permitted by law, we accept no liability for:
User Content uploaded by you or other users
any reliance placed on User Content by other users
any loss, damage or claim arising from User Content.
You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you share.
You may not access, conduct, facilitate, enable, authorise or permit any text or data mining or web scraping in relation to User Content or any services provided via, or in relation to the Platform for any purpose, including the development, training, fine-tuning or validation of machine-based, artificial intelligence systems or models.
7. PRIVACY
Any personal information you provide us within the Platform will be handled according to our Privacy Policy, the terms of which are incorporated herein by reference.
Third Parties may also collect your personal information depending on your interaction with them within the Platform. Third Parties collect your personal information in accordance with their own privacy policies which will be available on our or their website or directly from the relevant Third Party.
If you grant the Platform permission to use your Mobile Device’s location information or provide your postcode, we will use and/or log this location information. This information may be shared with Third Parties to be used for security, audit, fraud and logging purposes as well as personalising some Platform functionality and providing you with useful information relevant to your location.
As a way of delivering relevant direct marketing content to you and curating your experience, the Platform utilises information we have about you, for example your product holdings and what you’ve been looking at. For instance, ‘offers’ or ‘rewards’ may be suggested based on your information. If you do not wish to receive marketing content curated in this way, you may opt-out of marketing and manage your preferences in the Settings menu. Please note this will not mean that you will cease receiving marketing material within the Platform, it just means any marketing you do receive will not use your information.
We accept no responsibility for the provision of Third Party privacy statements to you through the Platform. We may also enter into arrangements with a Third Party who will provide access to benefits programs operated and owned by them. We are not liable for any offers and rewards programs owned and operated by a Third Party which is accessible through the Platform.
Opting out of direct marketing does not make you anonymous. The Platform does not allow anonymous use.
8. GENERAL
The information provided in the Platform has been provided in accordance with Australian laws only.
The law applicable to the Platform, and to any complaints arising from the Platform is the law in force in the State of Victoria, Australia. By using the Platform, you irrevocably submit to the jurisdiction of the courts of the State of Victoria, Australia and any courts which have jurisdiction to hear appeals from such courts.
Should any term or part of these Platform Terms be found to be void, unenforceable or invalid, then it is severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.
Any fees and charges that apply to your products or services accessible via the Platform will continue to apply through your use of the Platform. You may incur charges from your mobile service provider for downloading and using the Platform. We are not liable in respect of these charges and we recommend you check with your service provider prior to using the Platform.
Fees and charges may be varied at any time without notice except where notice is required under any law in which case we will give you the required notice. Government charges, taxes and duties may also apply.
Terms and conditions apply to all products and services described in our Platform and may be varied at any time without notice (where permitted by law).
Whilst reasonable steps have been undertaken to ensure that Platform Content is free from error, to the extent permitted by law, we do not warrant the accuracy, adequacy or completeness of Platform Content. All information is subject to change without notice. We do not guarantee that any Platform Content, linked external websites or any Third Party Site or any Third Party Platform will be free from viruses, or that access to any Platform Content, linked website or any Third Party Platform will function as intended or be uninterrupted. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
Since electronic services are subject to interruption or breakdown, access to Platform Content is offered on an "as is" and "as available" basis only. We may impose limits or restrictions on the use you may make of Platform Content, features and functionality. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may vary or withdraw any Platform Content, features or functionality or part thereof) at any time and without notice to you.
Subject to any responsibilities implied by law and which cannot be excluded, the Saveful and our directors, employees, agents, contractors are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Platform Content, Third Party Site content, Third Party Platform content, Third Party services, or access (or lack of access) to any website operated by any Saveful entity by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
Unless otherwise stated, these Terms and/or your access to the Platform may be terminated at any time by us and for any reason (including upon decommissioning of the Platform). You may terminate your use of our Platform at any time. However, all restrictions, and all disclaimers and exclusions of and limitations on our liability, will survive any termination.
Upon termination of these Terms and your right to access to our Platform, you must not directly or indirectly access or use any part of our Platform.
Platform Content is either owned or licensed by us and is protected by copyright laws in Australia and overseas.
Except where necessary for and incidental to viewing or using the Platform Content via Mobile Device or Platform Content via your web-enabled browser or as permitted under the Copyright Act 1968 or other applicable laws, no Platform Content may be reproduced, published, stored (for any period of time) in an electronic or other retrieval system, adapted, uploaded to a third-party location, framed, performed in public or transmitted in any form by any process whatsoever without our specific written consent.
The Platform includes trademarks which are protected by law. We reserve all copyright and other legal rights with respect to our respective trademarks, whether registered or otherwise.
We reserve the right at any time to vary these Terms for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of our Platform, by publishing the varied Terms on our website or through the Platform. You accept that we provide you with sufficient notice of any variation by making available the current version of the Terms through the Platform, unless otherwise required by the law. By your use of the Platform after any variation, you are taken to have accepted the Terms. We provide further information in Section 2 in relation to your rights if you are a subscriber and we vary these Terms.
SECTION 2: SPECIFIC FUNCTIONALITY AND SUBSCRIPTION TERMS
1. ADDITIONAL DEFINITIONS
These words in this Section 2 have the following meanings:
"Authorised Driver" means an individual authorised by a Charity, for a particular collection or generally, to collect Edible Food on behalf of that Charity using the Platform or a related Saveful application.
“Charity” means a registered not-for-profit organisation authorised to collect and distribute Edible Food for human consumption in accordance with applicable laws.
"Circular Solutions Provider" means an individual, business or organisation lawfully authorised to collect, transport, process or recover Non-Edible Food or other organic material for lawful circular economy purposes including bioenergy production, anaerobic digestion, composting, soil improvement, bioproduct manufacturing or other approved resource recovery activities.
"Edible Food" means food that is fit for human consumption and may lawfully be donated for redistribution.
"Farmer" means an individual, business or primary producer that produces or grows food and/or is authorised to collect, transport and use Non-Edible Food for livestock feed and/or lawful agricultural purposes. A Farmer may use the Platform as both a Food Business and a Farmer, subject to the responsibilities applicable to each role.
"Food Business" means any individual, business, organisation or primary producer that lawfully produces, grows, manufactures, prepares, processes, stores, supplies, sells or otherwise has Edible Food and/or Non-Edible Food available for collection through the Platform, including but not limited to cafés, restaurants, hotels, caterers, hospitality venues, food manufacturers, retailers and farmers.
"Non-Edible Food" means food or organic material that is not suitable for human consumption but may lawfully be used for livestock feed, agricultural purposes, bioenergy production or other lawful circular economy recovery purposes.
“Users” means Food Businesses, Charities, Farmers and Circular Solutions Providers.
2. ABOUT THE PLATFORM
The Saveful for Business Platform is a subscription-based digital Edible Food and Non-Edible Food surplus management and connection platform.
Via its digital infrastructure that is made available to Users, the Platform enables:
Food Businesses to publish offers of Edible Food available for collection by Charities
Food Businesses to publish offers of Non-Edible Food available for collection by Farmers or Circular Solutions Providers.
Charities to accept offers and collect Edible Food for redistribution
Farmers to publish offers of Edible Food and/or Non-Edible Food as a Food Business and/or accept offers and collect Non-Edible Food for livestock feed and lawful agricultural use.
Circular Solutions Providers to accept offers and collect Non-Edible Food for bioenergy production and other lawful circular economy recovery purposes.
Digital recording of offers and transfers of Edible Food and Non-Edible Food by Users
reporting of offers, acceptances and transfers of Edible Food and Non-Edible Food by Users
Post-collection feedback of offers, acceptances and transfers of Edible Food and Non-Edible Food by Users.
The Platform does not:
Prepare, inspect or certify food or food surplus
Store, transport or distribute food or food surplus
Take possession of or own food or food surplus
Supervise food or food surplus availability published by a Food Business or any collection of the same
Warrant the registration or legal status of a User
Guarantee food safety, quality or suitability to Users
Guarantee the end use or recovery pathway of any Edible Food or Non-Edible Food.
At no time does Edible Food or Non-Edible Food pass through or via Saveful.
Subject to these Terms, including the payment of all, if any, relevant fees and amounts under these Terms, Saveful grants Users a non-exclusive, limited, non-sublicensable, non-transferable, revocable licence to Users upon registering for an account, to access and use, and make available to its personnel to access and use, the Platform. Users are liable for any access or use of the Platform on the date they register with us as a User and that endures for the duration of registration as a User, except as otherwise specified herein.
Saveful owns or licences all intellectual property rights in the Platform, other than as expressly stated otherwise in these Terms.
3. ELIGIBILITY
Users of the Platform must:
if they are a Food Business, be licenced (if applicable) and operate lawfully and comply with all applicable food safety regulations and laws at all times
if they are a Food Business, be insured to commercially reasonable levels
if they are a Charity, be registered with all applicable regulators, as a not-for-profit organisation and as a charity, and be authorised to collect and distribute Edible Food to third parties in accordance with all applicable laws and its constituent documents
if they are a Farmer, operate lawfully and comply with all applicable laws and regulations relevant to the activities they undertake through the Platform, including any requirements applicable when offering Edible Food as a Food Business or collecting and using Non-Edible Food
if they are a Circular Solutions Provider, operate lawfully and hold all licences, approvals and permits required to offer, collect, transport, process or recover Non-Edible Food or organic material in accordance with applicable laws
provide accurate registration information to us and keep that information up to date
have full permission and authority to create and manage accounts on the Platform.
Saveful may request proof of any or all of the above at any time and from time to time.
4. PLATFORM FUNCTIONALITY
The Platform provides:
publishing tools to enable food surplus availability to be visible to Users
proximity-based recipient matching functionality, including:
Charity matching for Edible Food
Farmer matching for livestock and agricultural use
Circular Solutions Provider matching for bioenergy and other circular recovery pathways
Offer and acceptance management, Authorised Driver details (where applicable) and collection coordination functionality
digital responsibility transfer recording functionality
performance rating tools functionality
dashboards (depending on subscription tier).
Saveful does not guarantee:
offers of Edible Food or Non Edible Food posted on the Platform will be correct, available and/or claimed
Users will be available and/or honour offers and acceptances made via the Platform
Platform listings will result in any, partial or full collection
uninterrupted User access.
The Platform facilitates connections between Users only. Users may use the Platform in one or more capacities (including as a Food Business, Charity, Farmer and/or Circular Solutions Provider), provided they satisfy and comply with the eligibility requirements and responsibilities applicable to each role.
5. RESPONSIBILITIES OF FOOD BUSINESSES
Food Businesses agree and acknowledge that they are solely responsible for all listed food surplus they enter into the Platform and allow to remain published. Food Businesses must ensure that all listings are accurate, complete and up to date.
Food Businesses must also ensure that:
all listed Edible Food has been stored and handled safely
all listed Edible Food complies with applicable food safety laws
all listed Non-Edible Food must be accurately described as not fit for human consumption
where known, the Food Business must accurately describe the characteristics, composition and any known contaminants of the Non-Edible Food that may affect its suitability for livestock feed, agricultural use or circular economy recovery
all listed food (both Edible Food and Non-Edible Food) is accurately described, including its type, quantity, collection window and, where applicable, ingredients or composition.
all listed Edible Food remains with the Food Business until collection by a Charity, and all listed Non-Edible Food remains with the Food Business until collection by a Farmer or Circular Solutions Provider or lawful disposal by the Food Business.
only authorised personnel publish on the Platform
appropriate storage is maintained until collection by the relevant Charity, Farmer or Circular Solutions Provider, or lawful disposal by the Food Business.
listed edible food does not include:
regulated products, such as alcohol, tobacco or drugs of dependence
food that is past its use by date
packaged food where the packaging seal has been broken
food where the cold chain has not been maintained
food that is subject to a safety recall.
Food Businesses are responsible to nominate and be responsible for managing pickup windows when publishing food surplus on the Platform.
If food surplus is not collected within a confirmed pickup window, the Food Business must either withdraw, relist or dispose of the food surplus at its discretion, subject to compliance with applicable food safety laws.
If food surplus spoils or is no longer in compliance with applicable food safety laws, the Food Business must withdraw the publication on the Platform and dispose of the food surplus. It must not hand over spoilt or unsafe food surplus.
Food Businesses are solely responsible for correctly classifying listed material as either Edible Food or Non-Edible Food. Saveful does not verify, inspect or reclassify listings and accepts no responsibility for any incorrect classification by a Food Business.
Where a Food Business classifies material as Non-Edible Food, Saveful may make that listing visible to Farmers and/or Circular Solutions Providers. Saveful does not determine or warrant the suitability of any Non-Edible Food for livestock feed, agricultural use, bioenergy production or any other recovery purpose. Each Farmer and Circular Solutions Provider is solely responsible for assessing whether the Non-Edible Food is suitable for its intended use before claiming the listing and accepting collection.
6. RESPONSIBILITIES OF CHARITIES
Charities must:
assess Edible Food at pickup and accept responsibility for the Edible Food it collects
collect Edible Food surplus within a confirmed pickup window, either directly or through an Authorised Driver acting on its behalf
ensure any Authorised Driver acting on its behalf is appropriately authorised to collect Edible Food and complies with all applicable food safety, transport and handling requirements
handle and distribute food in accordance with applicable food safety regulations.
A Charity may nominate one or more Authorised Drivers to collect Edible Food on its behalf using the Platform or a related Saveful application. Any act or omission of an Authorised Driver in connection with the collection, transport or confirmation of collection of Edible Food is deemed to be an act or omission of the Charity.
7. RESPONSIBILITIES OF FARMERS
Where a Farmer lists Edible Food or Non-Edible Food through the Platform, it does so as a Food Business and must comply with the Responsibilities of Food Businesses in clause 5.
Farmers must:
collect Non-Edible Food within the agreed collection window
assess Non-Edible Food and determine whether it is suitable before accepting it for collection
handle, transport and store Non-Edible Food in accordance with all applicable laws
use the collected Non-Edible Food solely for:
lawful livestock feed and/or
lawful agricultural purposes.
Farmers acknowledge and warrant that:
Non-Edible Food collected through the Platform is not intended for human consumption
they will not redistribute, sell or otherwise provide Non-Edible Food for human consumption
they are solely responsible for the use of Non-Edible Food following collection
any onward use of Non-Edible Food is entirely at their own risk and discretion.
Farmers acknowledge that Saveful makes no representation or warranty regarding the suitability of any Non-Edible Food for livestock feed or agricultural use.
8. RESPONSIBILITIES OF CIRCULAR SOLUTIONS PROVIDERS
Circular Solutions Providers must:
collect Non-Edible Food within the agreed collection window
assess the Non-Edible Food and determine whether it is suitable before accepting it for collection
handle, transport, store and process Non-Edible Food in accordance with all applicable laws
use collected material only for lawful circular economy recovery activities
comply with all environmental approvals, licences and permits.
Circular Solutions Providers acknowledge and warrant that:
Non-Edible Food collected through the Platform is not intended for human consumption
they are solely responsible for assessing the suitability of Non-Edible Food before collection
they are solely responsible for the handling, transport, storage, processing and lawful recovery of Non-Edible Food following collection
Saveful makes no representation or warranty regarding the suitability of any Non-Edible Food for any recovery process or use by or on behalf of a Circular Solutions Provider
any onward processing or recovery of Non-Edible Food is entirely at their own risk and discretion.
9. RESPONSIBILITY TRANSFER
Responsibility for all food or organic material listed on the Platform remains with the publishing Food Business until physical collection occurs.
Upon physical collection:
responsibility for Edible Food transfers from the Food Business to the collecting Charity or its Authorised Driver acting on its behalf
responsibility for Non-Edible Food transfers from the Food Business to the collecting Farmer or Circular Solutions Provider.
Digital confirmation of collection records the transfer of responsibility but does not constitute supervision, certification or endorsement by Saveful.
From the time of collection:
the collecting Charity, Farmer, or Circular Solutions Provider acknowledges that it has had the opportunity to inspect the Edible Food or Non-Edible Food before accepting collection
the collecting Charity assumes sole responsibility for the handling, storage, transport and redistribution of Edible Food
the collecting Farmer or Circular Solutions Provider assumes sole responsibility for the handling, storage, transport and use of Non-Edible Food.
Saveful does not assume responsibility for the availability, condition, deterioration, spoilage, handling, transport, storage or end use of any food or organic material listed on the Platform before or after collection.
10. SUBSCRIPTION, BILLING & FACILITATION FEES (FOOD BUSINESSES)
Subscriptions & Billing
The Platform operates on the basis of subscription tiers as published on Saveful website. In summary:
fees are payable via direct debit and in advance, unless otherwise agreed
we offer both monthly and annual subscriptions
tiers determine reporting access, site limits and User roles
enterprise plans may be subject to separate agreements
Saveful may update pricing upon reasonable notice to applicable Users
failure to make or late payments may result in suspension or termination of a User at the absolute discretion of Saveful.
Charities, Farmers and Circular Solutions Providers will not be charged a subscription fee to collect surplus unless otherwise agreed. If a monthly subscription is selected, the minimum membership period is one (1) month. A monthly subscription will continue on a rolling monthly basis unless the User cancels or we terminate the User’s subscription in accordance with these Terms.
If an annual subscription is selected, the minimum membership period is one (1) year. An annual subscription will continue on a rolling annual basis unless the User cancels or we terminate the User’s subscription in accordance with these Terms.
To open a user account, a prospective User must complete the registration process as prompted by us. By subscribing, the prospective User and its authorised users agree to submit accurate, current and complete information to us and promptly update such information. If we suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the User’s subscription. User accounts cannot be “shared” or used by more than one individual unless agreed to by us.
A User is solely responsible for any and all activities that occur under its account and ensuring that its users exit or log-off from its account at the end of each session of use. Users must notify us immediately of any unauthorised use of its password or account or any other breach of security that is known or suspected by it.
A subscription begins as soon as a subscription payment (if applicable) is successfully received by us. Subscribers agree to pay all fees or charges for a subscription in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Unless stated otherwise, fees are charged in Australian dollars and are expressed exclusive of GST. Subscribers must provide us with valid credit card information as a condition to subscribing.
Our subscription services are provided either on a monthly basis and renew each month, or on an annual basis and renew each year. To provide continuous service, we automatically renew all paid subscriptions when the next payment is due. By subscribing and providing us with credit card details, a subscriber authorises us to charge its credit card the relevant fee at the then current subscription rate. Subscribers authorise us to store their payment method(s) and to automatically charge their payment method(s) when the relevant fees are due until they cancel or change a subscription.
We may change subscription rates at any time and shall notify subscribers of the change at least 30 days in advance with the option for a subscriber to cancel before the changes take effect (“Pricing Change”). Continued subscription by a subscriber after any such changes take effect (which will be from the next monthly or annual period depending on the subscription type) shall constitute consent to such changes. If a subscriber does not want to accept the changes, subscribers are entitled to terminate any ongoing subscription affected by written notice to us before the changes take effect.
We may make available or send documents and information to subscribers, including invoices, by means of an electronic communication. Subscribers acknowledge that we are not liable in respect of:
any error, omission or loss of confidentiality arising from an electronic communication
any unauthorised copying, recording or interference with a document
any delay or non-delivery of a document or
any damage caused to systems or files by such electronic transmission (including by any computer virus).
Subscribers agree to provide us with complete and accurate billing and contact information. This information includes company name, street address, e-mail address, and name and telephone number of an authorised billing contact. Subscribers agree to update this information within 5 business days of any change to it. If the contact information provided is false or fraudulent, we reserve the right to terminate a subscription in addition to any other legal remedies.
If a subscriber’s primary payment method fails, we are authorised to charge any other payment method in the subscriber’s account. A subscriber must ensure that the details of its credit card remain up to date and accurate. If we are unable to collect any fees or charges payable for any reason including, without limitation, expiry or lack of funds, subscribers remain responsible for any uncollected amounts and we may suspend or cancel a subscription without giving notice.
If a subscriber has not provided us with a back up payment method(s) and/or fails to provide payment, or if payment methods fail, we may suspend or cancel a subscription.
A subscriber’s bank may require a subscriber to authenticate a purchase using a password, a one-time code, or biometric or other recognition. When a subscriber authenticates a purchase, it also authorises us to charge the payment method for any additional purchases without providing us further payment information or other instructions (i.e. we will initiate future payments independently). Such additional purchases may occur when we automatically charge a payment method in connection with a recurring subscription or when a subscriber adds or changes its subscription.
Subscribers agree that we will not be liable for any loss caused by any unauthorised use of a credit card or any other method of payment by a third party in connection with a subscription. Subscribers waive their right to dispute any payment made into their account and will bear all costs.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with a subscription, or any failure by a subscriber to honour charges or requests for payment may result in immediate termination of subscription and/or blocking of a subscription. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
Facilitation Fees
Circular Solutions Providers agree to pay Saveful a facilitation fee plus GST (“Facilitation Fee”), and will pay Saveful a Facilitation Fee, if they or their nominee enter into a commercial agreement with any third party they directly or indirectly identify (“Introduced Party”) through the Platform or via an introduction from Saveful (“Commercial Agreement”).
Introduced Party includes any related body corporate, parent company, subsidiary, associated entity, affiliate, trust, nominee, family office, investment vehicle, special purpose vehicle (SPV), successor fund, any other third party or any other entity acting on behalf of or associated with the original Introduced Party. An Introduced Party shall remain an Introduced Party for the purposes of these terms for the duration of the Food Businesses subscription and for 7 years thereafter, regardless of whether discussions are paused, discontinued or subsequently resumed at any time and from time to time.
The amount of the Facilitation Fee will be the lesser of:
the fee is published n the Saveful website
a fee agreed by the Circular Solutions Provider and Saveful from time to time in relation to a Commercial Agreement and
15%
and will apply to each and every payment or payment equivalent/benefit value received by or for the benefit of the Food Business or its nominee.
The Circular Solutions Provider must notify Saveful forthwith in writing if discussions and/or negotiations with an Introduced Party are or are reasonably likely to result in a Commercial Agreement. The Circular Solutions Provider agrees to keep Saveful reasonably informed as to the progress of the discussions and/or negotiations from time to time and provide Saveful with a copy of any definitive legal documents, including but not limited to the Commercial Agreement, entered into by the parties.
The Facilitation Fee is payable by the Circular Solutions Provider to Saveful upon receipt of each payment or payment equivalent/benefit value received by or for the benefit of the Circular Solutions Provider or its nominee from the Introduced Party, without deduction or set off.
11. MULTI-SITE & ENTERPRISE USE
For multi-venue organisations (either Food Businesses, Charities or Farmers):
central administrators may access aggregated reporting
User access will be role-based
organisations will be responsible and liable for internal user management.
12. ACCEPTABLE USE
Users must not:
publish unsafe, misleading or unlawful material on the Platform
misrepresent surplus food
upload data in breach of Saveful’s privacy policy
use the Platform unlawfully or in breach of these Terms
interfere or attempt to interfere with or circumvent Platform security or functionality
list Edible Food as Non-Edible Food, or Non-Edible Food as Edible Food.
Saveful may suspend or prohibit User access in its absolute discretion.
13. PRIVATE RATING & CONDUCT SYSTEM
The Platform includes a private, post-collection rating and feedback system functionality for the user of Users.
Following collection, Food Businesses, Charities, Farmers and Circular Solutions Providers may provide ratings or feedback relating to e.g. punctuality, communication, accuracy of listings and overall collection experience.
Users agree that:
ratings reflect the subjective experience of the reviewing party and are not the view of Saveful
ratings are visible only within the relevant organisation’s dashboard and to Saveful administrators
ratings are not publicly displayed
Saveful does not independently verify or monitor the accuracy of ratings.
Feedback must be honest, fair and not misleading, defamatory or abusive.
Saveful may monitor rating patterns and operational conduct and reserves the right to not publish ratings in its absolute discretion.
Where repeated issues, consistently poor conduct, or misuse of the rating system is identified by Saveful, Saveful may issue warnings, temporarily restrict publishing or claiming privileges, or suspend or terminate access.
Saveful is not liable for the content of or impact arising from ratings.
14. NON-CIRCUMVENTION
Users acknowledge that introductions facilitated via the Platform form part of the Saveful for Business service and are a valuable business asset.
Users must not intentionally circumvent the Platform, either during or for one year after having held a subscription to the Platform, whether that be to avoid fees or to facilitate private transfers of Edible Food or Non-Edible Food surplus in a manner that is the same as or similar to the functionality of or intent of the Platform.
Where an ongoing relationship arises from a connection made through the Platform, coordination of surplus food listings and collections must continue via the Platform for the duration of the applicable subscription period and for a minimum of 1 year thereafter.
Repeated or deliberate circumvention may result in (but not be limited to) suspension or termination.
To the extent that there is any inconsistency between this clause and clause 10, clause 10 prevails.
15. DATA & REPORTING
Saveful has full discretion in how it uses any data in relation to the use of the Platform. Whilst the following is not a comprehensive list, to illustrate, it may:
generate venue-level and aggregated reports
report on Edible Food redistributed
report on Non-Edible Food diverted to livestock feed, agricultural use, bioenergy production and other circular economy recovery purposes
provide ESG summaries for the government, its partners, Users, in its marketing and/or publicly
use de-identified, aggregated data for benchmarking, reporting, research, insights, marketing and to demonstrate the broader impact of Saveful for Business.
Data is handled in accordance with the Saveful Privacy Policy, the contents of which are incorporated herein as if repeated in full.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
Saveful is not responsible for:
food safety
food quality
classification of food by Users
livestock suitability
agricultural suitability
compliance with local food donation, animal feed or agricultural regulations by Users
Saveful is not responsible for the actions or inactions of Users
Saveful is not liable for illness, loss or damage arising from surplus food or use of the Platform
Saveful does not guarantee uninterrupted platform access.
Nothing stated herein excludes non-excludable rights under applicable law.
Saveful is not liable for failure or delay caused by events beyond its reasonable control, including natural disasters, government action, telecommunications outages, cyber incidents or third-party disruptions.
17. INDEMNITY
Each User agrees to indemnify Saveful against claims arising from:
breach of these Terms
food safety failures or spoiling
incorrect classification of Edible Food or Non-Edible Food
regulatory non-compliance
misuse of the Platform.
18. NO AGENCY OR PARTNERSHIP
Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
Saveful acts solely as a digital infrastructure provider facilitating connections between independent organisations.
19. SUSPENSION & TERMINATION
Saveful may suspend or terminate User access as its sole discretion, including but not limited to where:
fees are unpaid
these Terms are, in its view, breached by a User
misuse or unsafe conduct occurs
legal or regulatory risk arises.
Users may cancel subscriptions via their account. If a subscriber:
cancels a subscription, access will run out at the end of the payment term
changes a subscription to a higher fee level subscription, the subscriber will be charged the higher fee from the time the change is initiated
changes a subscription to a lower fee level subscription, the higher fee level subscription will run out at the end of the current payment term.
Refunds will only be offered in the limited circumstances set out in these Terms. No refunds will be given if a subscriber cancel a subscription:
before the end of your subscription term or
as a result of a Condition Change or Pricing Change after the change takes or is deemed to take effect.
If a subscription commenced with a free trial and a subscriber cancels during the free trial period, cancellation is effective immediately and access will be disconnected from the date of cancellation.
20. CHANGES TO THE PLATFORM
Saveful may:
modify and/or remove or add features
update subscription tiers
change reporting functionality.
If we make changes that negatively impact your subscription (a “Condition Change”) we will notify you in writing at least 30 days before those changes take effect with the option for you to cancel your subscription before the changes take effect. Your acceptance and/or the payment of further instalments due after the date the Condition Change takes effect is deemed acceptance of the Condition Change. If you do not want to accept the Condition Change, you are entitled to terminate any ongoing subscription by contacting us before the Condition Change takes effect. Your cancellation will be effective at the end of your current billing cycle.
21. ACCESS OUTSIDE OF AUSTRALIA
Where access to the Platform is obtained outside of Australia, local compliance obligations remain with the User.