Effective Date: [●] | Last Updated: May 2026

PLATFORM IDENTIFICATION – READ BEFORE USE  Platform name:               Food Connect EU Project:                     LIFE Food Connect (Grant Agreement No. 101148772) Co-funded by:                The European Union – LIFE Programme Operator (2026–2027):  LIFE Food Connect Project Consortium Future legal owner:        Friends of the Earth Cyprus (Filoi tis Gis Kyprou) Technical developer:     Base Element, Cyprus Legal Drafting:               Andreas S. Angelides L.L.C. angesaa@cytanet.com.cy  General contact:            apps@foecyprus.org  Website:                         www.thefoodconnect.eu    GOVERNING LANGUAGE: These Terms and Conditions are issued in English. In the event of any future conflict between this English version and any translation, the English text shall prevail. DISCLAIMER Food Connect is a non-profit digital platform developed under the LIFE Food Connect Project (Project No. 101148772), co-funded by the European Union. The platform aspires to connect food donors and food recipients in Cyprus, Malta and Portugal with the aim of reducing food waste and supporting food security.   These Terms and Conditions are issued by the platform operator on behalf of the consortium. Legal ownership of the platform will transfer to Friends of the Earth Cyprus (Filoi tis Gis Kyprou) upon project completion.

1.  Definitions and Interpretation

1.1  Definitions

In these Terms and Conditions, the following terms have the meanings given below unless the context requires otherwise:

"Application" or "App" means the Food Connect mobile application available for download from authorised digital distribution platforms (including but not limited to the Google Play Store and the Apple App Store), together with any associated website at www.thefoodconnect.eu and any successor or mirror domain and all updates, upgrades, patches, new versions and derivative works thereof.

"Applicable Law" means all laws, regulations, statutory instruments, directives, codes, orders, guidance and other binding requirements of any competent governmental or regulatory authority that apply to a party or to the subject matter of these Terms and Conditions, including EU law and the national implementing legislation of Cyprus with exclusive jurisdiction to the district courts of Nicosia.

"Claim" means the act by which a Recipient formally reserves a Donation through the Platform’s booking mechanism, creating a binding obligation on both the Recipient and the Donor in accordance with Clause 6.2.

"Collection Window" means the date, time and location specified by a Donor within which a Donation is available for collection or dispatch, as set out in the Donation Listing.

"Consortium", "Platform Operator", "we", "us" or "our" means the consortium of organisations implementing the LIFE Food Connect Project, comprising: DIAS Media Group (Lead Coordinator, Cyprus); Friends of the Earth Cyprus / Filoi tis Gis Kyprou (Cyprus); ZERO – Associação do Sistema Terrâneo (Portugal); INOVA+ Business Consulting Company (Portugal); and Friends of the Earth Malta (Malta), acting collectively under the consortium agreement and LIFE Grant Agreement.

"Donation" means any Surplus Food item that a Donor lists on the Platform for collection or receipt by a Recipient, free of any financial charge, as a gratuitous gift, without any expectation of payment, credit, barter, service, reciprocal benefit or any other form of consideration in return.

"Donor" means any legal entity or individual registered on the Platform as a food donor, being a certified or licensed Food Business Operator or other food chain participant with Surplus Food available for donation, including without limitation: restaurants; hotels; cafes; cafeterias; canteens; bars; HORECA businesses; supermarkets; food retailers; wholesale distributors; agricultural producers; farms; agricultural cooperatives; food manufacturers; food processors; event caterers; schools; hospitals; institutional food service providers; and any other entity generating food surplus in the course of a food-related activity.

"DSA" means Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act).

"Effective Date" means the date on which these Terms and Conditions enter into force, as specified on the cover page.

"Food Business Operator" or "FBO" has the meaning ascribed to it in Article 3(3) of Regulation (EC) No 178/2002: a natural or legal person responsible for ensuring that the requirements of food law are met within the food business under their control.

"Food Safety Incident" means any actual or suspected case of illness, injury, allergic reaction, anaphylaxis, contamination, adulteration, food poisoning or other adverse health event attributable or potentially attributable to a food item Donated through the Platform.

"Force Majeure Event" means any circumstance beyond the reasonable control of the affected party, including: actual, threatened or reported war, act of war, civil war or hostilities; revolution; rebellion; civil commotion; civil unrest; warlike operations; invasion; laying of mines; act of piracy and/or violent robbery and/or capture/seizure; act of terrorists; act of hostility or malicious damage; blockade, generally imposed trade restriction, embargo; act of government or public authority whether lawful or unlawful, compliance with any law or governmental order, regulatory or judicial order or action; sanctions; expropriation, seizure of works, requisition, nationalisation; plague, epidemic, pandemic; act of God, natural disaster or extreme natural event such as earthquake, landslide, flood, storm, lightning or extraordinary weather condition; explosion; fire; destruction of equipment; destruction of port facilities; obstruction of waterways; failure of third-party telecommunications or other critical infrastructure; cyber security incident; break-down of transport, communication, information system or power supply; in each case unless caused by negligence of the Affected Party; ionising radiation or contamination by radioactivity, chemical or biological contamination; general labour disturbance such as boycott, strike and lock-out, occupation of factories and premises; in each case unless limited to the employees of the Affected Party or a third party engaged by it; or any other similar event or circumstance unless caused by negligence of the Affected Party.

"GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), as supplemented by Cyprus Law 125(I)/2018.GDPR national implementation law in Portugal - Law No. 58/2019 of 8 August (“Lei n.º 58/2019”), implementing Regulation (EU) 2016/679 (GDPR) into Portuguese law. GDPR" Regulation number reference in Malta is Data Protection Act (Chapter 586 of the Laws of Malta) :  Malta Data Privacy Laws: Cap. 586 and GDPR Guide (2026) | Recording Law

"Indemnified Parties" means the Platform Operator, the Consortium, each consortium member organisation, and their respective present and future officers, directors, trustees, members, employees, agents, advisers, successors and permitted assigns, collectively.

"Intellectual Property Rights" means all patents, utility models, copyright and related rights (including software copyright and database rights), moral rights, registered and unregistered trade marks and service marks, business names, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs (registered and unregistered), rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), computer program rights, topography rights, and all other industrial or intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, any such rights and all similar or equivalent rights or forms of protection.

"Listing" means a record published by a Donor on the Platform describing a Donation, including its quantity, allergen content, collection location, Collection Window, handling instructions and all other mandatory information required by Clause 5.2.

"No-Show" means: (a) in respect of a Recipient – the failure to collect a Claimed Donation within the Collection Window without prior cancellation in accordance with Clause 6.5; or (b) in respect of a Donor – the failure to make available a Donation that has been listed and Claimed, without prior cancellation and reasonable advance notice to the Recipient.

"Platform" means the digital technology infrastructure – comprising the Application, any associated website and back-end technical systems developed by Base Element – through which the Services are provided, as it may be modified, updated or replaced from time to time.

"Privacy Policy" means the Food Connect Privacy Policy as published on the Platform and at www.thefoodconnect.eu/privacy from time to time, which forms an integral and binding part of these Terms and Conditions and is incorporated herein by reference.

"Prohibited Food" means any food item that is expressly excluded from the Platform in accordance with Clause 5.3(b), including food past its use-by date, unsafe food within the meaning of Article 14 of Regulation (EC) No 178/2002, and such other categories as the Platform Operator may designate from time to time.

"Recipient" means any natural person or legal entity registered on the Platform as a food recipient and entitled to Claim and collect or receive Donations, categorised as either an Organisational Recipient or an Individual Recipient in accordance with Clause 6.1.

"Services" means the digital intermediary hosting and matching services provided by the Platform Operator through the Platform, namely the facilitation of food Donation transactions between Donors and Recipients, together with ancillary impact-reporting, messaging and account management features.

"Surplus Food" means food that is safe and suitable for human consumption within the meaning of Article 14 of Regulation (EC) No 178/2002, but that a Donor would otherwise discard or waste in the ordinary course of business, including food approaching (but not past) its best-before date, unsold end-of-day prepared food, excess catered meals and surplus agricultural produce.

"User", "you" or "your" means any natural or legal person who accesses, downloads, installs, registers on or uses the Platform or any part thereof, whether as a Donor, a Recipient or otherwise.

"User Account" means the registered account through which a User accesses and uses the Services.

"User Content" means all information, data, text, photographs, images, audio, video, Listings, messages, ratings, reviews and other material submitted, uploaded, posted or transmitted by a User to or through the Platform.

1.2  Interpretation

In these Terms and Conditions: 

(a) a reference to a statute or regulation includes all subordinate legislation and any amendment, re-enactment or replacement or amendment thereof; 

(b) the word "including" means "including without limitation"; 

(c) the singular includes the plural and vice versa; 

(d) clause headings are for convenience only and do not affect interpretation and have no binding effect; 

(e) a reference to "writing" or "written" includes email but excludes in-app chat messages for the purposes of formal legal notices; 

(f) a reference to "days" means calendar days unless expressly stated as "working days" (meaning days other than Saturdays, Sundays and public holidays in Cyprus); 

(g) if any obligation falls on a day that is not a working day, it is due on the next working day.

2.  Acceptance of These Terms and Conditions

2.1  Formation of a Binding Contract

These Terms and Conditions constitute a legally binding contract between you and the Platform Operator. 

You enter into this contract by performing any one of the following acts: 

(a) downloading or installing the Application;

(b) creating a User Account; 

(c) accessing or using the Platform or any Service; or 

(d) clicking any "I agree", "Accept" or equivalent confirmation button or mechanism presented during onboarding or registration.

If you do not agree to these Terms and Conditions in their entirety, you must not download, access, click on, register on or use the Platform in any way. You must immediately uninstall the Application and delete any associated account data in your possession.

Continued use of the Platform after any amendment to these Terms and Conditions takes effect constitutes binding acceptance of the amended Terms and Conditions, in accordance with the notice and amendment provisions of Clause 20.

2.2  Authority of Corporate Users

Where you register on behalf of a legal entity – including a company, limited liability company, partnership, cooperative, charity, association, foundation or other body – you individually represent and irrevocably warrant that: 

(a) you have full, current and unconditional legal authority to bind that entity to these Terms and Conditions; 

(b) the entity has taken all internal approvals required by its constitutional or other operating documents or applicable law; 

(c) you understand that these Terms and Conditions are enforceable against both you personally and the entity; and 

(d) if it subsequently transpires that you lacked authority, you will be personally liable for any resulting loss or liability suffered by the Platform Operator and or any other Party.

2.3  Regulatory Warranty by Donors

Each person registering as a Donor makes the following irrevocable warranties on a continuing basis throughout the period during which they maintain a Donor Account: 

(a) their food business holds, and will continue to hold, all licences, registrations, permits and approvals required by Applicable Law to operate as a food business and to donate food; 

(b) they are not subject to any prohibition notice, enforcement notice, improvement notice, suspension order or equivalent regulatory action that would restrict or preclude the donation of food; and 

(c) they will notify the Platform Operator in writing within 48 hours if any such regulatory action is taken or threatened, or if their food business registration is suspended, cancelled or not renewed.

3.  Description of the Platform and Services

3.1  Nature of the Services – Digital Intermediary Only

Food Connect is a digital intermediary hosting platform. The Platform stores and makes publicly available User Content (Donation Listings) at the request of Donor Users, within the meaning of Article 6 of the DSA and the Cyprus Electronic Commerce Law 156(I)/2004. 

The Platform facilitates:

• the creation and publication of Donation Listings by Donors;
• the search, browsing and claiming of Donations by Recipients;
• direct in-Platform messaging between Donors and Recipients to arrange collection logistics;
• tracking of Donation activity and generation of individual and aggregate impact data for LIFE programme reporting and public awareness purposes.

THE PLATFORM OPERATOR IS NOT A PARTY TO ANY DONATION. 

Each Donation is a direct, bilateral, gratuitous transaction exclusively between the Donor and the Recipient. 

The Platform Operator does not, at any point, and has never: sold, purchased, produced, prepared, cooked, packaged, stored, refrigerated, frozen, transported, delivered, inspected, tested, audited, verified, approved, endorsed or otherwise handled any food item listed on the Platform. 

The Platform Operator has no physical or legal possession of, title to, interest in, or control over any food item and does not provide any warranties or representations of any kind, nor is it liable for whatever reason.

3.2  Non-Commercial Nature – No Marketplace

The Platform is not, and does not constitute, an online marketplace within the meaning of the DSA or any equivalent legislation. No commercial transaction takes place through the Platform. No money, credit, voucher, token, points, reciprocal benefit or any other form of consideration passes between Donors and Recipients or between Users and the Platform Operator in connection with any Donation. All Donations are gratuitous gifts made freely by Donors and accepted as such by Recipients.

3.3  Current Free-of-Charge Service

Use of the Platform is currently entirely free of charge for all registered Users. The Platform Operator reserves the right to introduce subscription fees, tiered access, a freemium model or other charges at any time, subject to prior notice in accordance with Clause 20. The introduction of Platform access fees will not alter the gratuitous character of individual food Donations between Donors and Recipients.

3.4  Project Context and Ownership Transition

The Platform is developed and operated under the LIFE Food Connect Project (LIFE Grant Agreement No. 101148772), co-funded by the European Union. The project period runs until 31 March 2027. During the project period, the Platform Operator is the Consortium acting collectively.

Upon completion of the LIFE project, legal ownership of the Platform, the Application and all related Intellectual Property Rights shall transfer to Friends of the Earth Cyprus (Filoi tis Gis Kyprou). From that date, Friends of the Earth Cyprus shall become the sole Platform Operator and shall assume all rights and obligations under these Terms and Conditions. Users will receive advance written notice of this transition pursuant to Clause 20.

The European Commission co-funds the project but has no operational control over the Platform’s content or User interactions and is not a party to these Terms and Conditions. No warranty, representation or endorsement by the European Commission in respect of the Platform or any Donation is expressed or implied by its co-funding of the LIFE project.

4.  User Accounts, Registration and Eligibility

4.1  Account Requirement

Use of the substantive features of the Platform (including creating Listings, making Claims, accessing the messaging system and viewing impact data) requires a registered, active User Account. Read-only browsing of publicly visible content, if any, may not require registration.

Each User must register separately for each role (Donor and/or Recipient). Roles carry distinct obligations. A single natural person or entity may hold both a Donor Account and a Recipient Account only with the prior consent of the Platform Operator.

4.2  Eligibility

To be eligible to register, you must:

• be a natural person of at least 18 years of age, or a duly incorporated or registered legal entity;
• have full legal capacity to enter into binding contracts under the laws of your jurisdiction;
• not be located in, or a national or resident of, a country or territory subject to a comprehensive embargo or sanctions regime administered by the European Union, the United Nations or the Republic of Cyprus that prohibits engagement with entities or persons in that country or territory;
• if registering as a Donor: warrant that you hold all licences, registrations and regulatory approvals required to operate a food business or food donation activity under Applicable Law;
• provide accurate, current and complete registration information, including a valid email address and – for Donor accounts – verifiable business name and registration number; If any information so changes, this needs to be communicated to the Platform within 48 hours.
• not have been previously suspended, banned or excluded from the Platform by any decision of the Platform Operator that has not been formally reversed;
• not be registering in violation of any court order, regulatory restriction or contractual obligation.
• not under any winding up, insolvency, receiver, liquidation (voluntary, involuntary) or bankruptcy proceedings.

4.3  Verification and Refusal

The Platform Operator may at any time, at its sole discretion and without giving reasons: 

(a) require any User to provide additional verification documentation, including food business registration certificates, hygiene inspection reports, identification documents, proof of charitable status, or proof of address; 

(b) refuse or cancel any registration application; 

(c) conduct periodic re-verification of existing Accounts; and 

(d) where a Donor Account is concerned, contact the relevant national food safety authority to verify registration status.

Providing false, fraudulent or misleading information during registration or any verification process constitutes a material breach of these Terms and Conditions entitling the Platform Operator to immediate Account termination and, where appropriate, referral to the competent authorities.

4.4  Account Security

You are solely and exclusively responsible for:

• selecting a strong, unique password and maintaining its strict confidentiality;
• not sharing login credentials, one-time passwords, authentication tokens or biometric data associated with your Account with any third party under any circumstances;
• all activities and actions carried out through your Account, whether or not authorised by you – the Platform Operator shall be entitled to act on any instruction, submission or communication made through your Account as if made by you;
• ensuring that all devices on which the Application is installed are adequately secured against unauthorised access;
• logging out at the end of each session on any shared, public or insecure device;
• notifying the Platform Operator immediately at apps@foecyprus.org upon becoming aware of any actual or suspected unauthorised access, breach of password security, or theft of a device on which the Application is installed.

The Platform Operator shall not be liable for any loss, damage, liability or cost suffered by you or any third party arising from: 

(a) your failure to maintain Account security; 

(b) your sharing of credentials; 

(c) any other failure by you to comply with this Clause 4.4.

4.5  Prohibited Account Conduct

You must not, at any time:

• provide false, misleading, incomplete, inaccurate or fraudulent registration information;
• impersonate any individual, entity or organisation, or misrepresent your professional status, food business registration, charitable status or organisational affiliation;
• share Account credentials with any third party;
• operate or create multiple Accounts for the same role without prior written consent;
• transfer, sell, lease or assign your Account to any third party;
• allow a third party who does not satisfy the eligibility requirements to use your Account;
• use an Account name, business name or profile that is offensive, defamatory, misleading or objectionable.

4.6  Account Suspension, Restriction and Termination

The Platform Operator may at any time, without prior notice, take any combination of the following actions:

• issue a formal written warning;
• temporarily suspend Account access pending investigation;
• restrict specific Account functions (e.g., ability to post Listings or make Claims);
• permanently terminate the Account and ban the User.

Such actions may be taken on any of the following grounds:

• breach of any provision of these Terms and Conditions;
• providing false or misleading information at any time;
• conduct causing or likely to cause harm, distress or loss to any User, third party or the Platform Operator;
• any unlawful, fraudulent, abusive, harassing, discriminatory or threatening conduct;
• reasonable suspicion that the Account is being used in connection with any illegal activity;
• accumulation of three or more No-Show events within any 90-day rolling period;
• issuance of any food safety prohibition, suspension or enforcement notice against a Donor by any competent authority;
• failure to respond to a verification request within 14 days;
• continuation of the Account would expose the Platform Operator to legal liability, regulatory sanction or reputational damage;
• the User’s food business licence or registration lapses, is suspended or is revoked.

Where an Account is terminated: 

(a) all access rights cease immediately; 

(b) the User must cease using the Platform and uninstall the Application; 

(c) any outstanding obligations under these Terms and Conditions (including indemnity obligations) remain in force; and 

(d) the Platform Operator will retain data as required by Applicable Law and the Privacy Policy.

A User whose Account has been terminated may not create a new Account (under the same or different details) without the prior written consent of the Platform Operator. Any Account created in breach of this restriction may be terminated immediately and the User reported to the relevant competent authorities.

5.  Food Donors – Rights, Obligations, Warranties and Indemnity

5.1  Eligibility to List Donations

Only Food Business Operators and food chain participants who satisfy all of the following conditions are eligible to list Donations:

1. their food business or food donation activity is lawfully registered with the relevant food safety, environmental health or equivalent authority in their jurisdiction, and all required permits, licences and approvals are current and in good standing;
2. they operate under a current, documented HACCP plan (or equivalent food safety management system appropriate to their type and scale of activity), as required by Regulation (EC) No 852/2004;
3. they are not subject to any prohibition notice, enforcement order, closure notice or equivalent regulatory action that restricts their food operations;
4. they comply, on a continuing basis, with all Applicable Law relating to food safety, hygiene, labelling, traceability and food business operations.

The Platform Operator reserves the right at any time to require a Donor to produce evidence of food business registration, hygiene rating, HACCP documentation or regulatory compliance. Failure to provide such evidence within 14 working days of a request shall entitle the Platform Operator to suspend or terminate the Donor’s Account.

5.2  Mandatory Listing Requirements

Each Listing must contain all of the following information, which must be accurate, complete and not misleading at the time of publication and at the time of collection:

1. a precise description of the food items, including: 

1. specific food type and category; 
2. total quantity (by weight, volume, number of portions or individual items as appropriate);
3. form of the food (e.g., fresh, chilled, frozen, ambient, cooked, raw, sealed, open, packaged, bulk, unpackaged);

1. complete and accurate allergen information pursuant to Annex II of Regulation (EU) No 1169/2011, identifying all 14 major allergens present or potentially present through cross-contamination. Where allergen presence is uncertain, the Listing must state "MAY CONTAIN [allergen(s)]";
2. the full civic address of the collection point or a precise description of the designated collection location;
3. the precise Collection Window (date, start time, end time);
4. the applicable best-before date, use-by date, or date of preparation or cooking, as appropriate; food that has passed its use-by date MUST NOT be listed;
5. specific handling, temperature, transport and storage requirements, including any temperature range (e.g. "keep below 4°C" or "keep frozen at −18°C");
6. an indication of whether the Donation is available for direct take-away collection only; 
7. any other information material to the safe collection, handling and consumption of the food.

Donors must update or remove a Listing immediately if any of the above information changes or becomes inaccurate after publication. Listing food that is no longer available, has deteriorated, or is inaccurately described constitutes a material breach of these Terms and Conditions.

5.3  Prohibited Food Categories

The following categories of food must not be listed on the Platform under any circumstances:

• any food that has passed its use-by date;
• any food that is unsafe within the meaning of Article 14 of Regulation (EC) No 178/2002, including food that is injurious to health or unfit for human consumption;
• raw or undercooked meat, poultry or seafood intended for consumption without further cooking by the Recipient, unless the Donor has received explicit prior approval from the Platform Operator and complies with all additional temperature and hygiene requirements applicable to such food under Regulation (EC) No 853/2004;
• infant formula, follow-on formula or foods intended for infants under 12 months, unless pre-sealed and unopened and within their use-by date;
• home-produced food (i.e., food produced in a non-registered domestic kitchen) not covered by a food business registration;
• food containing or suspected of containing controlled substances;
• food that has been tampered with, adulterated or contaminated, or that the Donor has reasonable grounds to suspect may be unsafe;
• alcoholic beverages with an alcohol by volume content of 1.2% or above, unless the Platform Operator has given express prior written approval and such listing complies with all applicable laws on the supply and promotion of alcohol;
• any other food category that the Platform Operator designates as prohibited by notice published on the Platform.

5.4  Donor Warranties and Representations

By publishing a Listing, and as a continuing warranty throughout the period during which the Donation remains listed and until physical collection or dispatch, the Donor represents, warrants and undertakes that:

1. all food items are, at the time of listing and at the time of collection or dispatch, safe, wholesome, not injurious to health, fit for human consumption and not Prohibited Food;
2. all food items comply with all applicable EU and national food safety, hygiene and labelling legislation, including: Regulation (EC) No 178/2002; Regulation (EC) No 852/2004; Regulation (EC) No 853/2004 (where applicable); Commission Delegated Regulation (EU) 2021/1374; Regulation (EU) No 1169/2011; and all national implementing measures;
3. the Donor has, prior to listing, conducted the inspection required by Article 14 of Regulation (EC) No 178/2002 and confirmed that the food is safe;
4. food items have been produced, processed, stored and handled in accordance with the Donor’s HACCP plan and all applicable food hygiene requirements;
5. all allergen information provided is accurate, and the Donor does not represent food as allergen-free unless it has taken all reasonable steps to confirm the absence of that allergen;
6. all required food business licences, registrations and approvals are held and current;
7. the Listing information is accurate, complete and not misleading;
8. for temperature-sensitive food: the required temperature chain has been maintained up to the point of Listing and will be maintained throughout the Collection Window until physical handover.

5.5  Listing Withdrawal and Cancellation

A Donor may withdraw or cancel a Listing at any time before physical collection, provided that: 

(a) where a Recipient has already made a Claim, the Donor notifies the Recipient through the Platform messaging system as promptly as possible and in any event before the Collection Window opens; 

(b) the notification states clearly the reason for withdrawal.

Repeated cancellations – particularly after a Claim has been made – undermine the purpose of the Platform and the trust of Recipients. A Donor who accumulates three or more cancellations or Donor No-Shows within any 90-day rolling period will receive a formal warning and may be subject to Account suspension or immediate termination.

5.6  Post-Donation Responsibility and Food Recall Obligations

The Donor’s food safety obligations do not terminate when a Listing is published, when a Claim is made, or when physical collection occurs. Specifically:

• The Donor remains fully legally responsible for any food safety defect present in the food at or before the point of handover to the Recipient.
• If, at any time after a Donation has been collected, the Donor discovers or has reasonable grounds to suspect that the donated food is or may be unsafe, the Donor must: 

(i) immediately notify the Platform Operator at apps@foecyprus.org with the subject line "FOOD SAFETY INCIDENT NOTIFICATION"; 

(ii) provide full details of the affected Donation (type of food, quantity, collection date, Recipient details where known); and

(iii) comply with any recall, withdrawal, traceability or notification obligations under Applicable Law, including Article 19 of Regulation (EC) No 178/2002.

• The Platform Operator may, upon receiving a Food Safety Incident notification, alert affected Recipients and take such other steps as it considers appropriate, including temporarily suspending the Donor’s Account.

5.7  Donor Indemnity

By registering as a Donor and by each act of publishing a Listing, the Donor provides an unconditional, irrevocable and continuing indemnity to the Indemnified Parties in the following terms:

The Donor shall, at its own cost and expense, fully and effectively indemnify, defend and hold harmless each of the Indemnified Parties from and against any and all claims, demands, legal and regulatory proceedings, investigations, enforcement actions, judgments, orders, losses, damages, liabilities, fines, penalties, costs and expenses (including legal fees on a solicitor-and-own-client/full indemnity basis, expert witness fees, investigation costs, crisis management costs, and the costs of any food safety recall or public health response) of any kind and however arising, whether in contract, tort (including negligence and strict liability), breach of statutory duty or otherwise, incurred by or awarded against any of the Indemnified Parties arising directly or indirectly from or in connection with:

1. any Food Safety Incident attributable or potentially attributable to food donated by the Donor, including any claim by a Recipient, a third party to whom the Recipient redistributed the food, or any other person who consumed or was exposed to the food;
2. any breach by the Donor of any food safety, hygiene, temperature chain, allergen disclosure, labelling or traceability obligation under Applicable Law;
3. any inaccuracy, misrepresentation, material omission or fraud in any Listing;
4. any regulatory enforcement action against any of the Indemnified Parties arising from food donated by the Donor;
5. any breach of the warranties in Clause 5.4;
6. any claim by any third party arising from the Donor’s use of the Platform.

⚠️  IMPORTANT – INDEMNITY NOTICE FOR DONORS THIS INDEMNITY IS SEPARATE FROM AND NOT SUBJECT TO THE AGGREGATE LIABILITY CAP IN CLAUSE 14.2.   THE INDEMNITY OBLIGATION IN THIS CLAUSE 5.7 SURVIVES TERMINATION OF THE DONOR’S ACCOUNT AND TERMINATION OF THESE TERMS AND CONDITIONS FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF THE RELEVANT DONATION, OR SUCH LONGER PERIOD AS MAY BE REQUIRED BY APPLICABLE LAW.   DONORS ARE STRONGLY ADVISED TO SEEK INDEPENDENT LEGAL AND INSURANCE ADVICE REGARDING THE SCOPE OF THIS INDEMNITY AND TO ENSURE THAT THEY HOLD ADEQUATE PRODUCT LIABILITY, PUBLIC LIABILITY AND FOOD SAFETY INSURANCE COVER BEFORE LISTING ANY DONATION.

6.  Food Recipients – Rights, Obligations and Responsibilities

6.1  Categories of Recipients

Recipients are registered in one of the following categories:

• "Organisational Recipients": legally constituted organisations including charities, food banks, community interest entities, social enterprises, shelters, welfare organisations, schools, community centres, faith organisations, NGO’s and other entities engaged in food redistribution or social welfare. Organisational Recipients may be required to produce proof of legal status, charitable registration or equivalent credentials prior to Account approval and periodically thereafter.
• "Individual Recipients": natural persons receiving Donations for their own personal and household consumption. The Platform Operator may at any time introduce, amend or remove eligibility criteria for Individual Recipients (including income, vulnerability or residency criteria) in order to ensure the Platform serves its intended social mission. Individual Recipients may be required to complete a self-declaration of eligibility.

The Platform Operator reserves the right to restrict particular Donation categories to Organisational Recipients only, or to implement geographic or demographic restrictions, at any time and without prior notice.

 

6.2  Making Claims

To make a valid Claim, a Recipient must: 

(a) hold a registered, verified and active Account; 

(b) confirm the Claim through the Platform’s designated booking mechanism; 

(c) immediately review all allergen and handling information in the Listing before claiming; and 

(d) communicate promptly with the Donor to confirm collection logistics.

A Claim constitutes a binding commitment to collect or receive the Donation within the Collection Window. Failure to honour this commitment without prior cancellation in accordance with Clause 6.5 constitutes a No-Show.

6.3  Collection Methods

• "Direct Take-Away": the Recipient (or an authorised and pre-identified representative) collects the Donation from the Donor’s premises or designated collection point within the Collection Window. The Recipient is responsible for its own transport arrangements and for safe food handling from the moment of collection.

6.4  Recipient Obligations and Acknowledgements

By making a Claim and accepting a Donation, each Recipient unconditionally acknowledges and agrees that:

1. it is the Recipient’s sole responsibility to physically inspect all food at the point of collection or receipt, before any consumption or redistribution, to verify that it appears safe, wholesome and suitable for the intended purpose;
2. any food that appears spoiled, contaminated, malodorous, visibly deteriorated, or that has passed its use-by date must not be consumed or redistributed, and must be disposed of safely and lawfully;
3. the Recipient must handle, transport and store all collected food in strict compliance with the handling and temperature instructions in the Listing and with all applicable food hygiene requirements;
4. an Organisational Recipient that redistributes Donations to third parties (including vulnerable persons) is itself an FBO subject to the same food safety obligations under EU and national food hygiene law as a Donor, and bears independent and sole legal responsibility for the safety of the food at and from the point of redistribution;
5. Recipients with food allergies, intolerances or dietary requirements must: 

1. read all allergen information in the Listing;

(ii) contact the Donor directly through the Platform to verify allergen details; and (iii) not  consume any food if they are in doubt about its allergen content. The Platform Operator does not verify allergen information and accepts no liability for allergen-related harm;

(iii) the Recipient will report any actual or suspected Food Safety Incident to the Platform Operator at apps@foecyprus.org (subject line: "FOOD SAFETY INCIDENT") and to the relevant food safety authority in their country as soon as reasonably practicable.

6.5  Recipient Cancellations and No-Shows

A Recipient may cancel a Claim at any time before the Collection Window opens, by notifying the Donor through the Platform messaging system as promptly as possible. Cancellations made less than two hours before the Collection Window opens will be recorded as "Late Cancellations". Recipient No-Shows will also be recorded. Three or more Late Cancellations or No-Shows within any 90-day rolling period will trigger a formal warning and may result in temporary suspension of the Recipient’s ability to make Claims, or in Account termination at the Platform Operator’s discretion.

6.6  Recipient Indemnity

Each Recipient shall, at its own cost and expense, fully and effectively indemnify the Indemnified Parties from and against any and all claims, losses, damages, liabilities, fines, penalties, costs and expenses (including legal fees on a full indemnity basis) incurred by or awarded against any of the Indemnified Parties arising directly or indirectly from or in connection with:

1. any breach by the Recipient of any obligation under these Terms and Conditions;
2. any food safety incident arising from or in connection with the Recipient’s own negligent or improper handling, storage, transport or redistribution of a Donation after collection;
3. any redistribution of a Donation to third parties that causes harm, where such harm is attributable to the Recipient’s own failure to carry out appropriate food safety checks prior to redistribution;
4. any inaccuracy in any User Content submitted by the Recipient;
5. any violation of Applicable Law in connection with the Recipient's use of the Platform or receipt of Donations.

7.  Food Safety, Hygiene, Allergens and Platform Disclaimer

⚠️  FOOD SAFETY DISCLAIMER CRITICAL FOOD SAFETY DISCLAIMER – PLEASE READ WITH CARE   THE FOOD CONNECT PLATFORM IS A DIGITAL INTERMEDIARY.  THE PLATFORM OPERATOR HAS NEVER AT ANY TIME PRODUCED, PREPARED, COOKED, HANDLED, PACKAGED, STORED, REFRIGERATED, TRANSPORTED, INSPECTED, TESTED, SAMPLED, VERIFIED OR APPROVED ANY FOOD ITEM LISTED OR DONATED THROUGH THE PLATFORM. UNDER EU FOOD LAW (IN PARTICULAR ARTICLE 17 OF REGULATION (EC) NO 178/2002), THE SOLE AND EXCLUSIVE PRIMARY LEGAL RESPONSIBILITY FOR ENSURING THAT ALL DONATED FOOD IS SAFE, HYGIENICALLY PRODUCED AND STORED, CORRECTLY LABELLED, TRACEABLE AND FIT FOR HUMAN CONSUMPTION RESTS ENTIRELY WITH THE DONOR AS FOOD BUSINESS OPERATOR.  THIS RESPONSIBILITY IS NOT DIMINISHED, TRANSFERRED OR SHARED BY THE ACT OF DONATING FOOD, BY THE USE OF THIS PLATFORM, OR BY ANY PROVISION OF THESE TERMS AND CONDITIONS. THE PLATFORM OPERATOR, THE CONSORTIUM AND EACH CONSORTIUM MEMBER ORGANISATION EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF WHATEVER NATURE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM THE SAFETY, QUALITY, COMPOSITION, LABELLING, ALLERGEN CONTENT, HYGIENE, TEMPERATURE HISTORY OR FITNESS FOR CONSUMPTION OF ANY FOOD DONATED THROUGH THE PLATFORM, INCLUDING ANY CLAIM FOR PERSONAL INJURY, ILLNESS, ALLERGIC REACTION, ANAPHYLAXIS, DEATH, PROPERTY DAMAGE OR FINANCIAL LOSS. RECIPIENTS: ALWAYS INSPECT FOOD BEFORE CONSUMING IT. IF IN DOUBT, DO NOT CONSUME. IF ANYONE DEVELOPS SYMPTOMS AFTER EATING, SEEK IMMEDIATE MEDICAL ATTENTION.

7.1  Legal Basis for Allocation of Responsibility

The European Commission’s Guidelines on Food Donation (OJ C 361, 25.10.2017) confirm in express terms that: 

"The primary responsibility requirement applies to all food business operators regardless of whether food products are sold or donated. Article 17 of Regulation (EC) No 178/2002 continues to apply in the same way." 

This means that a Donor’s food safety obligations are identical whether the food is sold or given away for free, and that the Platform Operator’s role as a digital intermediary does not give rise to any food safety obligation on the part of the Platform Operator.

7.2  Applicable Food Safety Legislation

Donors must comply, as a minimum, with:

• Regulation (EC) No 178/2002 – General Food Law: Article 14 (food safety requirements), Article 17 (responsibilities of food business operators), Article 18 (traceability), Article 19 (responsibilities for food: withdrawal, recall and notification);
• Regulation (EC) No 852/2004 on the hygiene of foodstuffs, including Annex II (general hygiene requirements for food businesses) and the HACCP system requirements;
• Regulation (EC) No 853/2004 on specific hygiene rules for food of animal origin, where applicable;
• Commission Delegated Regulation (EU) 2021/1374 of 12 April 2021;
• Regulation (EU) No 1169/2011 on the provision of food information to consumers, including all allergen labelling and disclosure requirements;
• The EU Guidelines on Food Donation (OJ C 361, 25.10.2017) and any successor guidance;
• All applicable national implementing legislation, including in Cyprus: the Food Safety Law N.54(I)/1996 (as amended) and the Official Food and Feed Controls Law N.31(I)/2006 (as amended).

7.3  The 14 Major Allergens

The 14 major allergens listed in Annex II to Regulation (EU) No 1169/2011 are: 

(1) cereals containing gluten (including wheat, rye, barley, oats, spelt, kamut and their hybridised strains); 

(2) crustaceans; 

(3) eggs; 

(4) fish; 

(5) peanuts; 

(6) soybeans; 

(7) milk (including lactose); 

(8) nuts (namely almonds, hazelnuts, walnuts, cashews, pecan nuts, Brazil nuts, pistachio nuts, macadamia or Queensland nuts); 

(9) celery; 

(10) mustard;

(11) sesame seeds; 

(12) sulphur dioxide and sulphites at concentrations above 10 mg/kg or 10 mg/litre;

(13) lupin; and 

(14) molluscs.

All 14 must be identified in every Listing where present or potentially present. Donors must not describe food as "allergen free" without verified confirmation.

7.4  Food Safety Incident Reporting Protocol

In the event of any actual or suspected Food Safety Incident involving food donated through the Platform:

1. The Donor must notify the Platform Operator immediately (and in any event within 24 hours of becoming aware) by email to apps@foecyprus.org, subject line: "FOOD SAFETY INCIDENT – [Donor name]".
2. The notification must include: 

(a) the type and description of the affected food; 

(b) the quantity involved; 

(c) the date(s) of the relevant Listing(s) and collection(s); 

(d) any available information about affected Recipients; 

(e) the nature of the suspected safety concern; and 

(f) any regulatory notification already made.

1. The Donor must simultaneously comply with all obligations under Article 19 of Regulation (EC) No 178/2002, including notification to the relevant national food safety authority.
2. The Platform Operator may, upon receiving such a notification, alert affected Recipients and suspend the Donor’s Account pending investigation.
3. Recipients who become aware of a potential Food Safety Incident must also notify the Platform Operator immediately and seek medical attention where appropriate.

8.  Digital Services Act Compliance

8.1  Classification

The Platform constitutes an "online platform" within the meaning of Article 3(i) of the DSA as it stores and makes publicly available Donation Listings at the request of Donor Users. The Platform Operator is a hosting service provider within the meaning of Article 6 of the DSA and qualifies for the conditional liability exemption therein, provided it acts expeditiously to remove or disable access to illegal content upon obtaining actual knowledge of it.

As a non-profit organisation and micro or small enterprise (for the purpose of DSA proportionality provisions), certain DSA obligations applicable only to larger platforms do not apply to the Platform Operator. However, the Platform Operator voluntarily applies appropriate standards of content governance.

8.2  Notice and Action – Illegal Content

Any person may submit a notice of allegedly illegal User Content to apps@foecyprus.org with the subject line "DSA ILLEGAL CONTENT NOTICE". The notice must include: 

(a) a precise identification of the content (URL or location within the Application); 

(b) the reasons why the content is considered illegal under EU or national law; 

(c) the notifier’s name and contact details (which will be kept confidential from the content publisher unless disclosure is required by law). 

The Platform Operator will assess all notices in good faith and take appropriate action where content is found to be illegal.

8.3  Internal Complaint Mechanism

Users may submit a complaint about any Platform Operator decision (including Account suspension, Listing removal or refusal of registration) to apps@foecyprus.org within 30 days of the contested decision. 

The Platform Operator will handle all complaints in a timely, non-automated, non-discriminatory and transparent manner and will provide a reasoned written response within 21 working days.

8.4  Out-of-Court Dispute Settlement

Users who are dissatisfied with the outcome of the internal complaint process may refer the matter to a certified out-of-court dispute settlement body designated by the Digital Services Coordinator of Cyprus (the Office of the Commissioner for Electronic Communications and Postal Regulation – OCECPR, www.ocecpr.org.cy ) or, where applicable, the Digital Services Coordinator of their Member State of residence.

9.  Acceptable Use of the Platform

9.1  Permitted Uses

The Platform may be used solely for the purpose of facilitating the gratuitous donation and redistribution of Surplus Food in accordance with these Terms and Conditions. No other use is permitted without the prior written consent of the Platform Operator.

9.2  Prohibited Conduct

The following conduct constitutes a material breach entitling the Platform Operator to immediately terminate the relevant Account and to pursue any available legal remedy:

• listing, purporting to donate or otherwise making available any food that is Prohibited Food, unsafe, inedible, counterfeit, adulterated or not Surplus Food;
• charging, demanding, soliciting or accepting any payment, fee, tip, credit, voucher, token, barter item, service or any other form of consideration (monetary or non-monetary) in exchange for a Donation or for access to a Donation;
• using the Platform for any commercial purpose not expressly authorised by the Platform Operator, including operating it as a paid marketplace, running paid promotions, or steering Users towards commercial services;
• providing false, misleading, fraudulent or inaccurate information in any Listing, profile, message or User Content;
• impersonating any User, organisation or authority, or misrepresenting any food safety credential, regulatory status or affiliation;
• transmitting unsolicited commercial communications, spam, phishing messages or promotional material through the Platform’s messaging system;
• collecting, harvesting, scraping, mining or otherwise extracting personal data of other Users without their explicit and documented consent;
• uploading, transmitting or disseminating any virus, malware, ransomware, trojan horse, worm, keylogger, spyware, logic bomb or other malicious or disruptive code;
• attempting to gain unauthorised access to any part of the Platform, any User Account, or any server, database, API or network connected to or used by the Platform;
• conducting any denial-of-service attack, distributed denial-of-service attack, brute force attack, SQL injection, cross-site scripting, man-in-the-middle attack or any other form of cyberattack against the Platform or its Users;
• using automated tools (including bots, crawlers, scrapers or macros) to access the Platform without prior written authorisation;
• screen-recording, screenshotting or otherwise extracting personal data of other Users visible in the Platform for any purpose other than your own personal reference;
• using the Platform to facilitate or promote any unlawful activity, including fraud, money laundering, tax evasion, food safety offences or sanctions violations;
• engaging in abusive, harassing, defamatory, discriminatory, threatening or violent conduct towards any User or Platform Operator personnel;
• circumventing, disabling or interfering with any security, authentication, access control, anti-fraud or content moderation feature;
• using the Platform in any manner that causes or could cause disruption, overload or impairment to the Platform or degradation of service to other Users;
• using the Platform in violation of any applicable sanctions regime or for any purpose prohibited by EU law, the laws of Cyprus or Applicable Law.

9.3  User Content – Standards

You are solely and exclusively responsible for all User Content you submit. By submitting User Content you represent and warrant that:

• it is accurate, complete, not misleading and complies with all Applicable Law;
• it does not infringe any Intellectual Property Rights of any third party;
• it does not violate the privacy, image or data protection rights of any individual;
• it is not defamatory, obscene, threatening, discriminatory, hateful or otherwise objectionable or unlawful;
• you are the sole owner of all rights in the User Content or have all necessary licences, rights and consents to submit it and grant the licence below.

9.4  Licence to User Content

By submitting User Content, you grant the Platform Operator an irrevocable non-exclusive, royalty-free, worldwide, sub-licensable and transferable licence to use, copy, reproduce, process, adapt, publish, transmit, display and distribute your User Content: 

(a) to the extent necessary to operate the Platform and provide the Services; 

(b) for LIFE programme reporting obligations and any statutory or regulatory reporting; 

(c) in anonymised and aggregated form for statistical analysis, food waste research and public awareness purposes. 

The Platform Operator will not use identifiable User Content for commercial marketing or advertising purposes without your prior express written consent.

9.5  Intellectual Property Infringement Notices

If you believe that any User Content on the Platform infringes your Intellectual Property Rights, please notify the Platform Operator at apps@foecyprus.org with the subject line "IP INFRINGEMENT NOTICE", providing: 

(a) identification of the right claimed; 

(b) precise location of the infringing content on the Platform; 

(c) your contact details; and 

(d) a statement that you have a good faith belief that the use is not authorised. The Platform Operator will assess all notices and take appropriate action.

9.6  Content Removal Rights

The Platform Operator may at any time, without prior notice, remove, restrict access to or disable any User Content that appears to: 

(a) violate these Terms and Conditions or Applicable Law; 

(b) have been the subject of a notice under Clauses 8.2 or 9.5; 

(c) constitute Prohibited Food or a false or misleading Listing; or 

(d) pose a risk to User safety or the Platform’s integrity. 

The Platform Operator is not obliged to proactively monitor User Content but will act expeditiously upon obtaining actual knowledge of illegal or harmful content.

10.  Protection of Minors

The Platform is intended for use by adults only.

Registration on the Platform is not permitted for persons under the age of 18. The Platform Operator does not knowingly collect personal data from minors under the age of 16 without parental or guardian consent in accordance with Article 8 of the GDPR.

If the Platform Operator becomes aware that a minor has registered on the Platform without parental consent or has submitted User Content, it will take immediate steps to suspend or delete the Account and to delete any associated personal data. Users who become aware that a minor is using the Platform without appropriate consent must notify the Platform Operator immediately at apps@foecyprus.org.

11.  Delivery Partners

• NO DELIVERY PARTNERS

12.  Intellectual Property

12.1  Ownership

All Intellectual Property Rights in the Platform, the Application, the underlying software (including source code, object code and APIs), databases, algorithms, graphical user interface elements, screen layouts, trade marks, service marks, logos, trade names, domain names, text, imagery, audio and documentation (together, "Platform Materials") vest in and shall remain owned by the Platform Operator or the relevant consortium member or their licensors and shall survive even after the termination between the parties agreement. Upon project completion, all Platform Materials will transfer to Friends of the Earth Cyprus as described in Clause 3.4. Nothing in these Terms and Conditions transfers or licences any Intellectual Property Rights to any User except as expressly stated in Clause 12.2.

12.2  User Licence

Subject to your compliance with these Terms and Conditions at all times, the Platform Operator grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to: 

(a) download and install one copy of the Application on a mobile device that you own or control; and 

(b) access and use the Platform solely for the purposes permitted under these Terms and Conditions. 

This licence is immediately revoked upon termination of your Account.

12.3  Restrictions

You must not:

• copy, modify, adapt, translate, localise or create derivative works of any Platform Material;
• reverse engineer, decompile, disassemble, decrypt or attempt to derive source code from the Application, except to the extent expressly permitted by mandatory Applicable Law;
• remove, alter or conceal any copyright, trade mark, patent or proprietary rights notice on the Platform;
• sublicense, sell, resell, rent, lease, lend, transfer, assign or commercialise the Application or any Platform Material;
• use any Platform Material to build a competing or substantially similar product or service;
• frame, mirror, scrape or systematically access Platform content using automated tools.

13.  Data Protection and Privacy

13.1  Data Controller

The Platform Operator processes personal data as data controller in accordance with the GDPR and all applicable national data protection law. Full details of data categories, legal bases, purposes, retention periods and data subject rights are set out in the Privacy Policy, incorporated herein by reference. 

The Privacy Policy is accessible at all times within the Application and at www.thefoodconnect.eu/privacy

13.2 Privacy Statements 

 The following data shall be retained from the web version (Donors):

• Business Name
• Country (Cyprus, Malta ή Portugal)
• Tax Identification Number
• Business Address (Number, City, Postcode)
• Location (pin on the map and conversion to latitude και longitude)
• Business phone number
• Email (unique identifier)

The following data shall be retained from the Mobile Application (Receivers):

• Full name
• Country (Cyprus, Malta ή Portugal)
• Address (Number, City, Postcode)
• Location (pin on the map and conversion to latitude και longitude)
• Phone number
• Email (unique identifier)

Important Note: Receivers may register multiple addresses, while Donors may register only one.

In addition, data relating to boxes, bags, claims, cancellations, pickups, and similar transactions will also be collected.

Privacy Statements – Account Deletion:

• Users may request the deletion of their account and associated personal data by sending an email from the registered email address of their account.

13.3  User Obligations in Relation to Third-Party Data

Where your use of the Platform involves the processing of personal data of third parties (for example, employees, volunteers, drivers or beneficiaries), you are independently responsible for ensuring that such processing complies with GDPR and Applicable Law, including providing data subjects with required information, obtaining necessary consents, and entering into any required data processing agreements.

13.4  Retention for Food Safety Traceability

Donors acknowledge that, for food safety traceability purposes under Article 18 of Regulation (EC) No 178/2002 and LIFE programme reporting requirements, the Platform Operator will retain core Donation data (Donor identity, food type, quantity and date) for a period of five (5) years from the date of each Donation, even if the Donor’s Account is closed. This retention is necessary and proportionate under Article 5(1)(e) GDPR.

14.  Representations, Warranties and Disclaimer of Warranties

14.1  Platform Operator Warranties (Limited)

The Platform Operator warrants to Users only that: (a) it has the authority to enter into these Terms and Conditions; and (b) the Platform, as provided, will operate substantially in accordance with its description in these Terms and Conditions. No other warranty of any kind is given by the Platform Operator.

14.2  Disclaimer of All Other Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION OR TERM OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, INCLUDING:

• ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT;
• ANY WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, SECURE, TIMELY, COMPLETE OR ACCURATE;
• ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM IS FREE FROM VIRUSES OR HARMFUL COMPONENTS;
• ANY WARRANTY AS TO THE SAFETY, QUALITY, NUTRITIONAL VALUE, FRESHNESS OR FITNESS FOR CONSUMPTION OF ANY FOOD DONATED THROUGH THE PLATFORM;
• ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT, INCLUDING DONATION LISTINGS, ALLERGEN INFORMATION OR HANDLING INSTRUCTIONS.

Where Applicable Law does not permit the exclusion of a particular implied warranty, that warranty is limited to the minimum duration and extent required by law.

15.  Limitation of Liability

15.1  Categories of Loss Excluded

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM OPERATOR, THE CONSORTIUM AND EACH CONSORTIUM MEMBER ORGANISATION SHALL HAVE NO LIABILITY WHATSOEVER TO ANY USER OR THIRD PARTY FOR:

• any loss, illness, injury or death arising from the consumption of, exposure to or contact with any food item Donated through the Platform;
• any indirect, incidental, special, consequential, punitive, exemplary or aggravated loss or damage of any kind, however arising;
• loss of profit, revenue, anticipated savings, business, contracts, goodwill, reputation or opportunity;
• loss, corruption, alteration or destruction of data or information;
• business interruption or wasted expenditure;
• any failure, interruption, unavailability, delay, error or defect in the Platform, whether caused by technical failure, maintenance, a Force Majeure Event or otherwise;
• the accuracy, completeness, legality or truthfulness of any Listing or other User Content;
• any Donor’s failure to comply with food safety, hygiene, allergen or traceability obligations;
• the acts or omissions of any third party;
• unauthorised access to your Account resulting from your own failure to maintain account security;
• any harm arising from interactions between Users that occur outside the Platform.

15.2  Aggregate Liability Cap

Without prejudice to Clause 5.7 (Donor Indemnity) and Clause 6.6 (Recipient Indemnity), which are not subject to this cap, the aggregate and maximum exposure and liability of the Platform Operator to any User for all claims arising under or in connection with these Terms and Conditions and/or the use of the Platform (whether in contract, tort including negligence, breach of statutory duty or otherwise) shall not exceed the sum of FIVE HUNDRED EUROS (€500) per User in any twelve-month rolling period. This cap reflects the non-commercial, non-profit, free-of-charge nature of the Platform.

15.3  Non-Excludable Liability

Nothing in these Terms and Conditions limits or excludes any liability that cannot lawfully be excluded or limited by Applicable Law, including: 

(a) liability for death or personal injury caused by the Platform Operator’s own proven negligence; 

(b) liability for fraud or fraudulent misrepresentation by the Platform Operator; or 

(c) any other non-excludable statutory liability. 

If you are a consumer, your mandatory statutory rights under Directive 2011/83/EU and applicable Cypriot consumer protection law, Portuguese Consumer Protection Law - Law No. 24/96 of 31 July (“Lei de Defesa do Consumidor”), together with applicable EU consumer legislation, including Directive 2011/83/EU on consumer rights. Consumer Rights Regulations  378.17, adopted 13th June, 2014 https://legislation.mt/eli/sl/378.17/20221021/eng which is part of the Consumer Affairs Act, Adopted 23rd January, 1996 https://legislation.mt/eli/cap/378/eng/pdf, are not affected

16.  Platform Availability and Modifications

The Platform Operator will use commercially reasonable endeavours to make the Platform available 24/7. However, availability is not guaranteed. Access may be interrupted due to: 

(a) scheduled maintenance (for which the Platform Operator will endeavour to give advance notice); 

(b) emergency maintenance; 

(c) technical failures beyond the Platform Operator’s control; or 

(d) Force Majeure Events.

The Platform Operator may at any time: 

(a) modify or update Platform features; 

(b) change technical access requirements; 

(c) discontinue specific features; or 

(d) permanently discontinue the Platform, including on completion of the LIFE project. 

Reasonable advance notice will be given of any permanent discontinuation.

17.  Third-Party Links, Services and App Store Terms

The Platform may contain links to third-party websites or services. 

The Platform Operator does not endorse, control or take responsibility for such third-party content, availability or privacy practices. 

Use of third-party services is at your own risk and subject to the applicable third-party terms.

The Application is currently distributed through the Google Play Store and may in future be distributed through the Apple App Store or other platforms. 

Your use of the Application is subject to the applicable terms of service of the relevant distributor (including Google LLC’s Google Play Terms of Service and Apple Inc.’s App Store Terms and Conditions). 

The Platform Operator is not liable for any acts or omissions of any app store operator. 

In the event of any conflict between these Terms and Conditions and the relevant app store terms in relation to the Platform Operator’s obligations, these Terms and Conditions shall prevail to the extent permitted by the app store terms. 

No app store operator is a party to these Terms and Conditions.

18.  Governing Law and Dispute Resolution

18.1  Governing Law

These Terms and Conditions, their formation, subject matter, validity and enforceability, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed solely and stricktly in accordance with the laws of the Republic of Cyprus, including the Cyprus Contract Law (Cap. 149), the Cyprus Consumer Protection Law 112(I)/2021 and the Cyprus Electronic Commerce Law 156(I)/2004, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 

18.2  Jurisdiction (Commercial / B2B Users)

Subject to Clauses 18.3 and 18.4, all disputes between the Platform Operator and any Donor or Organisational Recipient acting in a commercial or non-consumer capacity shall be subject to the exclusive and sole jurisdiction of the District Court of Nicosia, Republic of Cyprus. Each such party irrevocably submits to the exclusive jurisdiction of that court and waives any objection to proceedings being brought in that jurisdiction.

18.3  Consumer Forum Rights

If you are a consumer (a natural person acting outside the scope of any trade, business, craft or profession), you hereby irrevocably waive the right under Regulation (EU) No 1215/2012 (Brussels I Recast) to bring proceedings against the Platform Operator in the courts of the Member State in which you are habitually resident. The Platform Operator may chose to bring proceedings against a consumer either in Cypriot Courts or in the courts of the Member State where that consumer is habitually resident.

18.4  Mandatory Pre-Action Protocol

Before initiating any formal legal proceedings (other than emergency injunctive relief), the claimant must send a written notice to apps@foecyprus.org setting out: 

(a) the nature and full details of the dispute; 

(b) the relief sought; and 

(c) a good faith invitation to resolve the matter within 30 days of the notice.

19.  Information Society Services – Mandatory Disclosures

Pursuant to the Cyprus Electronic Commerce Law 156(I)/2004 (as amended) implementing Directive 2000/31/EC:

OPERATOR IDENTIFICATION (MANDATORY ELECTRONIC COMMERCE DISCLOSURES) Platform Operator (project period):      LIFE Food Connect Project Consortium Future legal owner (from March 2027):    Friends of the Earth Cyprus (Filoi tis Gis Kyprou) Registered address:                           [●] Registration/charity number:              [●] General contact:                                apps@foecyprus.org  Legal / compliance contact:               legal@foecyprus.org    Data protection / GDPR contact:       dpo@foecyprus.org   Project website:                                 www.thefoodconnect.eu  Technical developer:                         Base Element, Cyprus EU co-funding:                                  LIFE Programme – Grant Agreement No. 101148772   Supervisory Data Protection Authority:     Office of the Commissioner for Personal Data Protection, Cyprus   commissioner@dataprotection.gov.cy  | www.dataprotection.gov.cy    Digital Services Coordinator (Cyprus):     Office of the Commissioner for Electronic Communications   and Postal Regulation (OCECPR) | www.ocecpr.org.cy    ADR / Consumer Dispute Body:     Consumer Protection Service, Ministry of Commerce, Industry and Tourism, Cyprus

20.  Amendments to These Terms and Conditions

The Platform Operator reserves the right to amend or replace these Terms and Conditions at any time. The following notice periods apply:

• "Material amendments" (substantively affecting User rights or obligations, introducing fees, or changing the food safety, liability or indemnity framework): at least 30 days’ advance written notice by email and in-app notification.
• "Significant amendments" (affecting how Users interact with the Platform or adding new requirements): at least 14 days’ advance notice.
• "Minor amendments" (typographical corrections, editorial clarifications, updated contact details, or changes required immediately by Applicable Law): effective immediately on publication.

Continued use of the Platform after any amendment takes effect constitutes binding acceptance of the amended Terms and Conditions. If you do not accept a material or significant amendment, you must stop using the Platform and close your Account before the amendment’s effective date.

21.  Force Majeure

The Platform Operator is not in breach of these Terms and Conditions and is not liable to Users for any failure or delay in performance to the extent caused by a Force Majeure Event. The Platform Operator will notify Users as soon as reasonably practicable of the Force Majeure Event and its expected duration, and will use commercially reasonable efforts to resume normal service promptly. If a Force Majeure Event continues for more than 60 consecutive days, the Platform Operator may suspend or discontinue the affected Services.

22.  Assignment and Transfer

You may not assign, transfer, novate, charge or otherwise dispose of any of your rights or obligations under these Terms and Conditions without the prior written consent of the Platform Operator.

The Platform Operator may freely assign, transfer, novate or sub-contract these Terms and Conditions – in whole or in part – to: 

(a) Friends of the Earth Cyprus upon completion of the LIFE project; 

(b) any successor, affiliate or consortium member of the Platform Operator; or 

(c) a third party in connection with a merger, restructuring or transfer of assets.

Written notice will be given to Users in accordance with Clause 20 and continued use of the Platform following notice constitutes acceptance of the assignment.

23.  Governing Language

These Terms and Conditions are issued in English, which is the governing language. In the event of any conflict or inconsistency between this English version and any future translation (whether official or unofficial) into Greek, Maltese, Portuguese or any other language, the English text shall always prevail in all respects and shall be the authoritative version for the purposes of interpretation and enforcement.

24.  No Third-Party Rights

These Terms and Conditions do not create, and are not intended to create, any right, benefit or remedy enforceable by any person who is not a party to them (whether under the Contracts (Rights of Third Parties) Act or any equivalent legislation in any jurisdiction). For the avoidance of doubt, the European Commission has no right to enforce any provision of these Terms and Conditions.

25.  Survival of Provisions

The following provisions survive termination or expiry of these Terms and Conditions, or closure of a User Account, for the periods stated:

• Clause 5.7 (Donor Indemnity): 5 years from the date of each Donation or longer if required by Applicable Law;
• Clause 6.6 (Recipient Indemnity): 5 years from the date of each Donation;
• Clause 7 (Food Safety Disclaimer): indefinitely;
• Clause 9 (Acceptable Use): indefinitely;
• Clause 12 (Intellectual Property): indefinitely;
• Clause 13 (Data Protection and Privacy): for the retention periods in the Privacy Policy;
• Clause 14 (Warranties Disclaimer): indefinitely;
• Clause 15 (Limitation of Liability): indefinitely;
• Clause 18 (Governing Law and Disputes): indefinitely;
• Clause 22 (Survival): indefinitely.

26.  General Provisions

26.1  Severability

If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable by any competent court, arbitral tribunal or authority, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The parties shall use reasonable endeavours to replace any invalid provision with a valid one that achieves the same commercial result as nearly as possible.

26.2  Waiver

No failure, delay or omission by the Platform Operator to exercise any right or remedy under these Terms and Conditions operates as a waiver of that right. No waiver of any breach constitutes a waiver of any subsequent or continuing breach. Any waiver must be in writing and signed by an authorised representative of the Platform Operator.

26.3  Entire Agreement

These Terms and Conditions, together with the Privacy Policy, the Cookie Policy (where applicable) and any other policies or notices published on the Platform and incorporated by reference, constitute the entire agreement between the parties regarding the subject matter and supersede all prior representations, agreements, negotiations and understandings, oral or written. No oral statement by any representative of the Platform Operator shall form part of these Terms and Conditions.

26.4  Relationship of Parties

Nothing in these Terms and Conditions creates any partnership, joint venture, agency, franchise, employment or fiduciary relationship between the parties. Users act as independent principals. Neither party may bind the other or incur obligations on the other’s behalf.

26.5  Independent Legal Advice

The Platform Operator recommends that Donors – given the weight of the food safety warranties and indemnity obligations they accept by using the Platform – seek independent legal and insurance advice before registering and before listing any Donation. Nothing in these Terms and Conditions constitutes legal, food safety, tax or financial advice.

26.6  Feedback and Ratings

The Platform may permit Users to submit ratings, reviews or feedback regarding Donations or other Users. Such ratings and feedback constitute User Content and are subject to Clause 9.3. Ratings and feedback must be honest, accurate and based on genuine experience. The Platform Operator reserves the right to remove any rating or feedback that violates these Terms and Conditions.

27.  Notices and Contact Information

27.1  Formal Legal Notices to the Platform Operator

All formal legal notices under or in connection with these Terms and Conditions must be sent in writing to apps@foecyprus.org with the subject line "FORMAL LEGAL NOTICE – FOOD CONNECT". Notices are deemed received: 

(a) by email – on the day of confirmed transmission; 

(b) by registered post – five (5) working days after posting to the registered address in Clause 19.

27.2  Communications to Users

The Platform Operator communicates with Users by in-app notification, email to the registered Account address, or a prominent notice on the Platform or website. You are responsible for maintaining at all times an accurate email address on your Account and checking in-app notifications regularly. The Platform Operator is not responsible for non-receipt of communications due to an outdated Account email address or spam filtering.

27.3  Contact Directory

CONTACT DIRECTORY General / platform support:               apps@foecyprus.org  Legal notices / compliance:               legal@foecyprus.org   GDPR / data subject rights:               dpo@foecyprus.org  Food Safety Incidents (subject line):      "FOOD SAFETY INCIDENT – [your name]" DSA Illegal Content Notices (subject):    "DSA ILLEGAL CONTENT NOTICE" IP Infringement (subject line):                 "IP INFRINGEMENT NOTICE" Formal legal notices (subject line):         "FORMAL LEGAL NOTICE – FOOD CONNECT"   Platform website:  www.thefoodconnect.eu  FOE Cyprus website:  www.foecyprus.org

Food Connect is co-funded by the European Union under the LIFE Programme (Project No. 101148772). Views expressed in this platform are those of the consortium and do not represent the views of the European Commission.

These Terms and Conditions were prepared and drafted by: 

Angelides S. Angelides L.L.C., Advocates & Legal Consultants, Nicosia, Cyprus. 

© 2026 Friends of the Earth Cyprus / Food Connect Consortium. All rights reserved