ALL IS GOOD’S CONDITIONS OF TERMS AND USE
AIG’s mission is to enable everyone to take action against food waste by collecting unsold food from Commerce’s We offer the user (“User” or “you”) the option to choose from “Surprise Baskets” containing food or other perishable products (“Products”). The Products are unsold and are not identified. They are offered at the “Reservation” by Professionals such as food stores, Reservation Sites, supermarkets, bakeries, hotels, gas stations, etc. (“Commerces”) on our Platform (the “Service”).
These Terms and Conditions apply to any Product Reservation you make through our websites or applications (“Platform”). These terms and conditions (“Terms and Conditions“) govern the ordering, delivery and collection of Food, and the use of the App. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App (“you“, “your” or “user“), including without limitation each user who registers as contemplated below (“registered user“).
The ALL IS GOOD’s software application and website at www. Allisgood.com (the “App“) is available for download from various app stores identified by ALL IS GOOD from time to time, on compatible electronic devices, or accessible through the website. The App is owned and operated by Fouzia Lazaar.
The App enables users to order food, beverages, and other items (the “Food”) from any of the reservations center listed on the App (each a “Reservation Site“).
Article 1 – Legal information
The Company ALL IS GOOD LLC (hereinafter mentioned “the Company “or “AIG”) is a Florida Limited Liability Company domiciliated at 350 Lincoln Road, Suite Massat, Miami Beach FL 33139.
- Website: https://allisgood-app.com
Mail: 350 Lincoln road, suite Massat, Miami Beach FL 33139
- Email: contact-allisgood-app.com
Article 2 – Definitions
“App” refers to ALL IS GOOD’s software application and website
“Platform” refers to the Company’s Internet website and mobile application as mentioned at the top of these General Terms of Service, on which User and professionals can find a complete solution to manage, host, share and monetize the products.
“Products” refers to Surprise Baskets containing food or other perishable products.
“Reservations Sites” / Commerce” refers to any professional that provide the goods including but not limited to food stores, supermarkets, bakeries, hotels, gas stations.
“Subscription(s)” refers to one or more monthly subscriptions, subject to payment by Professionals, provided by the Company.
“User(s)” refers to any Individual, entity included but not limited to professional partner who access the Company’s Platform.
Article 3 – Application Scope
These General Terms of Service apply to all accesses and all uses of the Platform by the Users without reservation nor restriction.
The Users are required to carefully read these General Terms of Service prior to use the Platform.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA“) and to Professionals that operate the reservations sites.
By using the App, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the App or Telephone Service if you do not agree to the Terms and Conditions.
By making a Reservation (as defined below), you accept these Terms. You are therefore required to read them carefully before making a Reservation on the Platform.
3.1- Accessing the Platform
The Platform is accessible free of charge to all Users with an Internet connection. All costs whatsoever pertaining to the Platform access are at the exclusive expense of the User, who is sole responsible for the proper functioning of his/her/their IT equipment as well as of his/her/their Internet connection.
The Company strives to provide the User with a 24/7 access to the Platform, except in cases of force majeure and subject to the following conditions.
For instance, the Company can, at any moment and without being held responsible:
- Suspend, block or limit the access to all or part of the Platform, reserve access to the Platform, or to some parts of the Platform, to a determined category of Users.
- Delete all information that may disturb the operation of the Platform or infringe national or international laws.
- Suspend or limit the access to the Platform in order to proceed to updates.
The Company shall not be held responsible for any impossibility to access the Platform in a case of force majeure, or because of an event that is beyond its control (especially for problems affecting the User’s equipment, for technical incidents, for disturbances on the Internet network, etc.).
The User acknowledges that the Company’s obligation regarding the availability of the Platform is just an obligation of means.
The Company reserves the right to modify the functions of the Platform, at any moment, with no further notice to the User.
3.2- Registration and Use.
- Only registered users may order Food via the App.
- To register as a user via the App, you must provide AIG with your unique email address or telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password or be issued a randomly generated password (which you may subsequently change).
- You will need to use your unique username and password to place an order via the App. You agree that an AIG operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Food via the App, failing which we will not process your order.
- You agree and warrant that your username and password (if applicable) shall not be disclosed by you to any third party.
- You agree to notify AIG immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and/or password and to take steps to minimize any resultant loss or harm.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorized AIG representative.
- At the time of ordering, you will be given a selection of reservations sites. You will only be allowed to order Food from that selection of Reservations Sites, which fall within the prescribed area (as determined by AIG from time to time) surrounding your given address.
Article 4 – Delivery.
- Once the Reservation has been received and accepted by Commerce, we send the User a Booking Confirmation under the conditions set out below.
- Once the Reservation has been made and accepted, the User is required to report to the Reservation site at the Collection time and Commerce undertakes to provide the Surprise Basket. If you or your nominee fails to collect the Food or respond to our or the Reservation Site’s telephone calls within 60 minutes after the estimated collection time, the Reservation Site may dispose of the Food in any manner which it deems fit and you will remain liable for payment of the Food.
- If you are not able to be present at the Delivery Address to accept delivery of the Food, it is your responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made. Neither AIG nor the Reservation Site is responsible for any loss or unauthorized consumption of Food, after the Courier has delivered the Food to the Delivery Address.
- Any dispute regarding the Reservation Site failing to make the Food available at the collection time should be resolved between you and the relevant Reservation Site; your respective rights and obligations being as set out in these Terms and Conditions.
- We simply organize the Booking of Surprise Baskets through the Platform on behalf of the Commerce. No contractual relationship is formed between AIG and the User when booking products, or later when they are sold. AIG is not responsible for the Products or the compliance with any agreement that is formed between Commerce and the User
- Where you have ordered using the App, you shall receive the Food by means of courier delivery if applicable or by means of self-collection by you or your nominee from the relevant Reservation Sites (“Self-collection“).
- You may only place orders for products during the hours permitted by law.
- You acknowledge that, notwithstanding that the Food may be ordered via the App, you place such order with the relevant Reservation Site. The delivery of Food is solely between the registered user and the relevant Reservation site. Neither AIG nor any party attending to the Courier Delivery (if applicable) is a party to that order of Food. AIG only provides the platform to facilitate transactions between Reservation Sites and registered users in relation to the Food. Any claims the registered user may have in respect of the Food shall be against the relevant Reservation Site.
Article 5 – Price
All prices are listed in the currency of the country in which the Reservation site is located and include applicable Sale taxes, but may exclude all online payment administration fees, unless otherwise stated.
All booking and payment fees will be calculated and reported to the User at the time of booking.
Any price indicated on the Grey or Barred Platform is a minimum value of the contents of the Surprise Baskets corresponding to the price of the Products as presented in Commerce.
Article 6 – Payment
- AIG will receive payment of all order charges and will pay the Food-related portion thereof to the relevant Reservation Site. We are authorized to receive payment for the Food on behalf of the Reservation Site and payment made by you to us for the full price of the Food will discharge your payment obligations to the Reservation Site.
- If a Cloud Driver is used pursuant to a Courier Deliver, AIG will receive payment and will pay the delivery-related portion thereof to the relevant Cloud Driver. We are authorized to receive payment for the delivery of Food on behalf of the Cloud Driver and payment made by you to us for the price of the delivery will discharge your payment obligation to the Cloud Driver.
- Payment for your order can be made in one of the following ways (only one payment method may be used to settle the amount due and not a combination of payment methods):
- Credit Card Payment by credit card may only be made when an order is placed via the App. Where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by AIG or under AIG’s control, and for which you acknowledge AIG is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will AIG store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization, your order for the Food will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; and
- Cash on delivery: Cash payments may only be made to AIG or its nominee upon receipt of the Food by means of Courier Delivery (not Self-collection). By selecting this option, you undertake to ensure that you have sufficient cash on hand at the time of delivery to cover the order charges.
- Instant EFT: Where payment is made by EFT, we may require additional information in order to authorize and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by AIG or under AIG’s control, and for which you acknowledge AIG is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will AIG store your banking details. We are entitled to withhold processing the order until such time as the relevant information is received by us and authorization is obtained by us for the transaction. If we do not receive authorization, your order for the Food will be cancelled. You warrant that you are fully authorized to use the bank details supplied for purposes of paying the order charges. You also warrant that your bank account has sufficient available funds to cover all the order charges.
AIG does not retain any information on debit or credit cards. This information is processed by payment service providers. However, this information can be retained by payment service providers.
If the user’s credit card or payment method is refused when paying an order, the User must verify that the information entered is correct.
If the user has corrected the error and the credit card is still refused, AIG recommends that he contact his bank.
Due to the usual banking procedures, once the User has submitted a Reservation using a credit or debit card and the payment has been authorized, the bank or card issuer will reserve the full amount of the order. If the Reservation is subsequently rejected by Commerce or cancelled for any other reason in accordance with these Terms, the bank or card issuer will not transfer the funds for this Reservation to AIG and refund the User of the corresponding amount by putting it back into its available balance. However, this can take up to 10 business days (or more, depending on the bank or issuer of the user’s card). AIG does not have the power to inquire with the bank or issuer of the User’s card about the progress of this transaction or on any specific payment issues. The user should contact his bank or the issuer of his card to obtain this information.
In accepting these Terms, the User accepts the payment method described above and acknowledges and accepts that AIG is not responsible to it with respect to the above.
Article 7 – Rejection or Cancellation of Order
We may at any time suspend or terminate the availability of a Reservation site on the App, in our sole discretion.
- Prior to the notification that the Food is ready for collection (as applicable), we may reject an order or cancel an order at any time due to: (i) the Reservation Site being unable to fulfil the order; (ii) Courier Delivery services not being readily available (if applicable); and/or (iii) any other reason in AIG’s sole discretion.
- Should you wish to retract your order, you should contact AIG via telephone immediately, and AIG will use its reasonable endeavors to effect such retraction. You will not be able to change your order after placing it but may be able to retract it (subject to the above) and place a new one.
- Placing Food in your shopping basket on the App without completing the order cycle does not constitute an order for Food, and as such, Food may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold AIG liable if such Food is not available or is not available at a particular price when you complete or attempt to complete the order at a later stage.
- AIG relies on information supplied to it by the Reservation Sites relating to the Food, and AIG accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all Food on offer may be limited. AIG will take reasonable efforts to ensure that when Food is no longer available, offers thereof are discontinued on the App. However, we cannot guarantee the availability of Food. When Food is no longer available after you have placed an order, AIG will notify you thereof and reject or cancel your order, in which event you will be entitled to a refund of the amount paid by you for such order.
- Any dispute regarding inaccurate information relating to a Reservation Site or Food, errors should be resolved between you and the relevant Reservation Site; your respective rights and obligations being as set out in these Terms and Conditions.
- It is your responsibility to establish from the relevant Reservation Site which ingredients will be selected and make the necessary arrangements with such Reservation Site to exclude any ingredients if you have any allergies or special requirements (unless such exclusions can be made by you on the App). We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.
Article 8 – Minors, liquor and tobacco
- By using the App you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the App only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- Reservation Sites may not provide liquor or tobacco products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor or tobacco products ordered via the App. The c or Self-collection of any liquor or tobacco products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products.
Article 9 – Complaints
- Please let us know by telephone or email as soon as possible if there is a problem with your Food quality and/or temperature, if you receive the wrong Food or if you receive Food which is not as described on the App.
- Save where we determine in our sole discretion that the cause for the complaint was due to the fault of AIG, we will communicate your complaint to the relevant Reservation Site, and thereafter the matter will need to be resolved by the parties being you and the Reservation Site, and AIG shall bear no liability in relation to such complaint.
Article 10 – Comments and rating
The Users can leave a public comment and rate the service available on the Platform.
The Users are sole responsible for the comments and rates they leave. However, the Company reserves the right not to publish or delete from the Platform, among other things: comments that might be non-relevant, abusive, promoting racism, fanaticism, hatred or any form of physical assault, harassing or harassment-promoting; defamatory or insulting contents; contents promoting fallacious or deceptive information; contents promoting illicit activities or abusive, obscene or threatening behaviors.
The Users are also sole responsible for their communication with other Users and of the information they pass on to one another on and out of the Platform. Thus, The Users commit to show vigilance and discernment in their exchanges.
In addition, the comments and notifications related to Podcasts that are no longer on the Platform will be deleted.
Article 11 – General Limitation of Liability
11.1 Platform Use
The Company shall not be held liable by the User, especially for:
- Any use of the Platform by the User that is contrary to its original purpose.
- Any use of the Platform or of any service accessible via Internet.
- Any Internet and/or Intranet network interruption.
- Any technical problem and/or cyber-attack impacting the premises, the digital facilities and spaces, the software and the equipment belonging to or under the responsibility of the User.
- Any breach or non-compliance with its Services if this breach is caused by circumstances beyond its control. Such circumstances may, but are not limited to, disruptions to the operation of the AIG and/or the store due to legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.
The equipment used to log in to the Platform is under the User’s full responsibility.
The User shall take all appropriate measures to protect his/her/their equipment and his//their own data, especially in the event of virus attacks on the Internet. In addition, the User is sole responsible for the websites, applications and data he/she/they visits.
- The Company shall take all measures and all necessary care to the proper enforcement of its duties. It may be exempted from all or part of its responsibility by showing evidence that the breach of improper fulfillment of its duties may be attributed either to the User, or to an unpredictable or insurmountable event, or to a case of force majeure.
11.2 Erroneous order
The company shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability and Courier Delivery service charges via the App. However, should there be any errors of whatsoever nature on the App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order based on any error, the rejection of an order or the cancellation of an order.
Article 12 – Personal Data Protection
Article 13 – Intellectual property
All the brands, distinctive features of the brand, domain names, photographs, texts, comments, illustrations, moving or non-moving pictures, video sequences, sounds, as well as all the IT elements that may be used for the proper functioning of the Platform and, more generally, of all the elements reproduced or used on the Platform are protected by the laws in force as intellectual property.
They are full and whole property of the Company, except for elements imported by the Users on the Platform. Any reproduction, representation, use or adaptation, in any form, of all or part of these elements, including the IT applications, without previous and written consent from the Company, is strictly forbidden. The fact that the Company does not initiate proceedings upon knowledge of these unauthorized uses shall not be deemed as acceptance of such uses and renunciation to proceedings.
Article 14 – Links to other websites
14.1. Links to third-party websites
The Platform features links towards third-party websites. These websites are not controlled by the Company, which shall not be held liable for their content nor for any technical issue and/or security breach resulting from a hypertext link apposed with our without formal consent of the latter.
It is up to the User to make all necessary or appropriate controls prior to conducting any transaction with one of these third parties.
14.2 Links to the Platform
The implementation by the User of any hypertext link from any website and/or application and from any device in all or part of the Platform is strictly forbidden, except with previous and written permission from the Company, requested by email to: contact-allisgood-app.com
The Company is free to deny this authorization without any justification of its decision. If the Company has given its permission, such permission is, anyway, temporary and may be withdrawn at any moment, with no obligation for the Company to provide a justification.
In any case, all links shall be withdrawn upon request from the Company.
Article 15 – Integrality
The parties acknowledge that these General Terms of Service constitute the entire agreement settled between one another and replace any previous offer, provision or agreement, be they written or verbal.
Article 16 – Nullity
If any of the provisions of these General Terms of Service was to be deemed null according to a law in force or to a legal decision that has become definitive, it would then be deemed unwritten, however without resulting in the nullification of the General Terms of Service nor altering the validity of its other provisions.
Article 17 – Applicable Law and Jurisdiction.
These Terms and all matters regarding your use of the Services shall be governed and construed in accordance with, and enforced under the laws of the State of Florida, United States, applicable to contracts made and executed and wholly performed in the State of Florida, without regard to its conflict of law provisions
Article 18 – Additional specific terms for Professionals
By accessing or using the Service you agree to be bound by these Terms. These terms constitute a legally binding agreement between you, and ALL IS GOOD LLC. regarding your use and access to the Services. If you disagree with any part of the Terms, then you do not have permission to access the Service and you must immediately cease all access.
Subscriptions are provided by the Company for the current prices as specified on the Platform.
Such prices are firm and non-revisable during their validity period, as specified on the Platform; the Company reserves the right, outside such validity period, to modify these prices.
An invoice is issued by the Company and sent to the Professional by email upon confirmation of the Subscription.
- The costs of Subscription to the Platform are invoiced at the beginning of every month, on the invoicing date specified in the Professional’s account.
- By providing his/her/their payment information, the Professional expressly allows the Company to collect the cost of the Subscription every month until the end of the Subscription taken out by the Professional.
In the event of a no payment or a late payment, the Company reserves the right to, on its choice:
- Cancel the Professional’s Subscription.
- Suspend the Professional’s Subscription.
The Purchase Price is collected by AIG from the User on behalf of Commerce. AIG may modify or restructure the payment procedure if it deems it reasonable.
The Platform uses payment service providers that meet the PCI standard. Payment by debit or credit card on the Platform is secured and certified by the card issuer. All payments are made via an encrypted Internet connection.
AIG does not retain any information on debit or credit cards. This information is processed by payment service providers. However, this information can be retained by payment service providers.
If the credit card or payment method is refused when paying an order, the credit card’s owner must verify that the information entered is correct or contact his bank.
In accepting these Terms, you accept the payment method described above and acknowledges and accepts that AIG is not responsible to it with respect to the above.
3) General Limitation of Liability
The Reservation Site is responsible for making the Food available for collection by user or its nominee at the estimated collection time set out in the Acceptance Notice.
The Company shall in no way be held responsible for indirect harms, such as commercial prejudice, data loss, damage to brand image, any commercial disruption, benefit, gain and/or profit loss, exchange loss, client loss. At all events, the amount of the monetary damages that may be attributed to the Company under these Terms, for all sorts or accumulations of harms, if it was to be held liable, shall not exceed an amount equivalent to the amount of the Subscriptions actually paid by the Commerce
4) Term and Termination
These Terms will take effect at the time you begin using the Services. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. These Terms will terminate automatically if you fail to comply with the terms set forth herein.
If you wish to terminate your account, you may simply discontinue using the Service.
Article 19 – Disclaimer
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Neither AIG its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors provide any express or implied representation or warranty of any kind, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, any representation or warranty that (i) the Services, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the Services will be uninterrupted, timely, secure, available at any particular time or location or error free; (iii) the quality of any products services, information or other material purchased or obtained by you through the Services will meet your expectations and/or the results of using the Service will meet your requirements;(iv) Original content will remain unchanged or accessible on the Services; v) any errors or defects will be corrected; v) the Service is free of viruses or other harmful components;