Our Terms & Conditions
Too Good To Go Inc. (“TGTG,” “we” or “us”) and its affiliates operate an online portal and app service for mobile devices (“Platform”) for the arrangement of the reservation of surplus food and other products (“Products”) by restaurants, hotels, supermarkets, bakeries and other retailers (collectively, ”Stores”) that have been onboarded on the Platform to end-users (“Consumers”, “you” or “your”).
These Terms and Conditions (“Terms”) apply to use of the Platform and the TGTG 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.
TGTG ́s mission is to raise awareness of food waste and reduce food waste worldwide by making surplus food available for reservations by consumers.
We provide a way for the Consumer to communicate his or her reservations for surplus food and other surplus products, including unspecified products in “Magic Bags” (“Products”) at Stores displayed on our Platform.
These Terms apply to any reservation of Products that is carried out via our Platform. Our Platform is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Services requires the prior written consent of TGTG.
Any correspondence with TGTG may be submitted to TGTG via the contact page on the Platform or the App.
2. TGTG Concept
The Products are made available for reservation on the Platform, and Consumers may reserve the Products by placing a Reservation Order (as defined below) on the Platform.
The Products are reserved by the Consumer when TGTG confirms through a Reservation Confirmation (as defined below).
Once a Consumer reserves a Product and the Store accepts the Reservation Order, the Consumer must be present at the Store at the Pick-up time (as defined below). Both parties have a right of cancellation as defined below.
TGTG is solely facilitating reservations of Products from a Store to a Consumer, and there shall be no contractual relationship between TGTG and the Consumer with regard to the Products or the sale of Products, which is concluded between the Store and the Consumer. TGTG has no responsibilities in respect of the Products or fulfillment of any reservation or agreement between the Store and the Consumer.
TGTG is solely collecting the Purchase Price (as defined below) for the Products on behalf of the Store and is thus merely acting as a fulfillment and payment agent on behalf of the Store.
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,
- At least 18 years old and in the possession of a valid debit card, credit card or other payment means available for payment on the Platform and
- If Consumer is under 18 years of age, 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 age 13, you may not, under any circumstances or for any reason, use the Services.
Furthermore, by accepting these Terms, the Consumer agrees to receive emails and text messages related to any Reservation Order placed by the Consumer. This is required by
TGTG in order to ensure that the Consumer receives all essential notifications related to the Reservation Order.
TGTG reserves the right to revise and amend the Terms from time to time. Consumer Reservation Orders will be subject to the Terms applicable at the time when the Consumer placed the Reservation 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.
5. TGTG’s Contact Information and Consumer Service
Too Good To Go, Inc.
394 Broadway, 3rd floor 10013 New York
Our Consumer Service may be contacted through our contact page in the App.
6. Product and Product Information
TGTG is exclusively facilitating a Reservation of a Product between the Consumer and the Store and TGTG has no responsibilities in respect of the Products or fulfillment of any contract between the Store and the Consumer.
TGTG does not, in any way, manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver or handle the Products. TGTG has no responsibility for the fulfillment of any Reservation 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 TGTG is explicitly designated as the manufacturer or seller of the Product on the Platform.
The Consumer can find information about the Products and a description of the Products on the Platform. This information is only instructive and for the purpose of giving the Consumer the best prerequisites for evaluating selected Products before making a Reservation 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, TGTG has no liability. The Stores are responsible for providing information about the Products and ensuring that the information is factually accurate and up-to-date. TGTG does not have any responsibility for the information provided by the Stores 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 conclusion of the purchase. The Store’s contact information will appear on the Platform. The Consumer may always cancel the Reservation Order if the cancelation is due to ingredients, allergens or other labelling-related information regarding the Product. TGTG is not responsible for any ingredient, allergy, caloric or other nutritional information provided by the Stores or otherwise found on the Platform. It is the responsibility of the Consumer and the Stores to confirm whether any allergens are present in the Products.
Upon Pick-up (as defined below), the Store shall provide the Consumer with information regarding list of ingredients, allergens and other labeling-related information regarding the Product. Any Products purchased from a Store following a Reservation Order shall be consumed immediately after Pick-up and/or as instructed by the Product label or the Store. TGTG 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 Store.
TGTG 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.
7. Reservation of Products
A list of active Stores 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 Store and Product, the Consumer will be given the opportunity to submit his or her Reservation Order by clicking “reserve,” “place my reservation” 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, of the Pick-up hour, of the nature of Products contained in “Magic Bags,” or as otherwise determined by TGTG.
The referenced Stores 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 a Reservation.
A Reservation Order made by the Consumer via the Platform (“Reservation” or “Reservation Order”) is considered an offer by the Consumer to the Store to purchase a Product.
The Reservation Order shall be accepted by the Store upon Pick-up and the Reservation shall be final and binding upon the Store and Consumer upon Pick-up of the Product (as defined below), subject, however, to the limitations in the cancellation rights as described in clause 8 below.
8. Reservation Confirmation
Upon receiving the Reservation Order, TGTG will begin processing it by sending the Reservation to the relevant Store. TGTG will notify the Consumer that the Reservation Order has been received (“Reservation Confirmation”) and is being processed. Please note that any confirmation page that the Consumer may visit on the Platform merely indicates that the Reservation has been received and is being processed and does not mean that the Reservation has been accepted by the Store.
The Reservation Confirmation should be saved by the Consumer. The Reservation Confirmation will contain information regarding the reservation placed by the Consumer.
Please note that the Reservation Confirmation does not mean that the reservation is accepted but is merely a confirmation of receipt of the Reservation Order.
9. Right of Cancellation
TGTG’s concept is to avoid waste of food and other products and, therefore, if the Store has no Products in excess, the Store may cancel the Reservation 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 TGTG or the Store via email, SMS and/or the Platform provided that the contact information provided to TGTG is correct and that the Consumer has agreed to receive such notifications.
Because the Products are perishable goods, and because TGTG’s concept is to avoid waste of food and other products, the Consumer can only cancel the Reservation Order up until two hours before the beginning of the agreed time of Pick-up. However, the Consumer may cancel the Reservation Order until Pick-up if the cancellation is due to ingredients, allergens or other labelling related information regarding the Product.
The decision to use the right of cancellation must be communicated by the Consumer to TGTG via the complaint link in the Platform. If the Consumer cancels the Reservation Order outside of the parameters set out above, the Consumer will not be entitled to a refund.
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 time period of 10-30 minutes but can be both shorter and longer at the Store’s discretion. Store description and details about when and where the Products can be picked up will appear on the Platform and is stated in the Reservation 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 Store’s guests. Be aware that if the Consumer arrives too late, the Store may be closed and/or the Product may be unavailable.
Since the Products are perishable goods and since TGTG’s concept is to avoid waste of food and other products, the Store is entitled to sell the Product to another Consumer if the Consumer does not Pick-up the Reservation Order within the time period set out in the Reservation Confirmation. In this event, TGTG is entitled to collect the Purchase Price (as defined below) from the Consumer.
Upon Pick-up, the Consumer shall show his or her Reservation Confirmation in the TGTG app to the Store’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 Reservation Confirmation in the app can be shown at Pick-up. The Consumer is required to make sure that the Products ordered and number of Products handed out correspond to the Consumer’s Reservation Order.
All prices are indicated in U.S. currency and are exclusive of any applicable sales tax.
Any value of the Products stated on the Platform is a minimum value had the Products not been sold as surplus food.
The Consumer can pay with several brands of debit and credit cards as well as other payment methods made available 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 a Reservation Order.
Upon placing a Reservation Order, the price stipulated by the Store 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 at the Consumer ́s account upon reservation of the Product or at or immediately after Pick-up (depending on the chosen method of payment). If the Reservation Order is cancelled in accordance with these Terms, the Purchase Price is cancelled or refunded to Consumer.
The Purchase Price is collected by TGTG from the Consumer on behalf of the Store. TGTG 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.
TGTG 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 a Reservation 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, TGTG recommends that the Consumer contact his or her bank.
Due to standard banking procedures, once the Consumer has submitted a Reservation 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 Reservation Order. If the Reservation Order is subsequently rejected by the Store or cancelled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for the order to TGTG 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 TGTG 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 TGTG is not responsible or liable to the Consumer in relation to the above.
13. Right of Complaint
In case of a complaint concerning a Product (including a “Magic Bag” and its contents), the Consumer shall address the complaints to Consumer Service of TGTG before taking any other action. TGTG will handle all claims (including with respect to a “Magic Bag” and its contents) as TGTG deems correct and any decision by TGTG regarding the Product is entirely up to TGTG.
In the event that the intervention of TGTG 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 Store under applicable law.
All complaints are handled exclusively by TGTG and the Consumer shall direct complaints to TGTG and not the Store.
The Consumer shall verify the content of the Products upon receipt.
In case of a complaint, the Consumer shall contact TGTG via the complaint link on the Platform and provide the requested information, including information about the Product at issue and why the Consumer is unsatisfied. After receiving the complaint, TGTG will process the complaint, in cooperation with the Store if relevant, and the Consumer will receive a reply from TGTG within 10 business days.
14. Consumer Behavior/Rules of Conduct
Consumers are requested to show respect for a Store ́s guests and personnel, as well as TGTG ́s personnel.
The Consumer is informed that in case of inappropriate behavior towards a Store, the other Consumers of a Store or TGTG, or if the Consumer commits a crime against or in a Store in connection with the Services, or violates the code of conduct rules of a Store or TGTG or any other similar behavior, TGTG may, in particular after complaints made by a Store, ban, exclude or suspend the Consumer from the Platform and the Services. The intervention of TGTG does not deprive a Store 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.
15. Indemnification/Limitation of Liability
You agree to indemnify, defend and hold harmless TGTG and its parents, subsidiaries and affiliates, along with their respective employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives (the “TGTG 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 TGTG Group shall not be liable for losses arising out of or in connection with (i) matters for which a Store 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).
TGTG is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside TGTG’s control. Such circumstances may be but is not limited to disruptions in the operation of TGTG and/or the Store as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.
TGTG 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.
16. Intellectual Property
TGTG 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 TGTG 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 TGTG.
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 material published on it (including without limitation photographs and graphical images) are owned by TGTG or TGTG’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 17 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 17 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 TGTG’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 TGTG to do so.
Except as stated in this clause17, 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 TGTG’s prior written permission.
We do not accept any unsolicited ideas to our Platform from outside TGTG, 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 TGTG, 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 TGTG to utilize your submission, you hereby grant TGTG 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.
17. Third Parties
When you use the Services, TGTG’s role is to provide the Platform to help connect users with Stores. Please note that TGTG does not provide, endorse, or guarantee any thirdparty product, service or information. TGTG is not affiliated with the vendors featured on the Platform (including, without limitation, the Stores) 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.
18. No Warranties
WHILE TGTG USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE PLATFORM, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR PLATFORM, TGTG 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 TGTG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PLATFORM. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TGTG DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TGTG 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, TGTG SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT WILL TGTG 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 TGTG BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO TGTG FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.
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.
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.
21. Waiver; Remedies
The failure of TGTG to partially or fully exercise any rights or the waiver of TGTG of any breach of these Terms by you shall not prevent a subsequent exercise of such right by TGTG or be deemed a waiver by TGTG of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of TGTG under these Terms and any other applicable agreement between you and TGTG shall be cumulative, and the exercise of any such right or remedy shall not limit TGTG 's right to exercise any other right or remedy.
22. Governing Law and Arbitration
The laws of the State of New York shall govern these Terms. While we will make reasonable efforts to resolve any disagreements you may have with TGTG, if these efforts fail you agree that all claims, disputes or controversies against TGTG 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, thirdparty 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 TGTG agree in writing, and the arbitrator shall apply New York law consistent with the Federal 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, and 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)
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 TGTG 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.
23. Class Action and Jury Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TGTG 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.
Should you have any questions regarding these Terms you may contact us via our contact page in the App.
Version date: September 2020