Terms And Conditions - The PLEDGE on Food Waste Compliance Audit

The PLEDGE on Food Waste PTE.LTD is a Private Limited Company incorporated in Singapore under UEN No. 201831048C (hereinafter referred to as the “The PLEDGE”) is a third-party Audit certification and benchmarking system on food waste prevention designed to improve organizations restaurants and commercial kitchens’ profit margin.    

These Terms and Conditions apply to any organization (hereinafter referred to as the or a “Member”) wishing to apply for accreditation under The PLEDGE’s certification programme.  All Members are subject to The PLEDGE’s Membership fees.  

Each Member accepts all the present Terms and Conditions as specified herein and agrees to abide by them and to pay the Membership and Audit fees.   

Article 1 – Membership, Fees and Payment  

1.1 The Annual Membership and auditing fees will be agreed between the Member and The PLEDGE or, alternatively, either with its associated company LIGHTBLUE ENVIRONMENTAL CONSULTING CO. Ltd (hereinafter “LightBlue”) or with a fully Authorized Accredited PLEDGE Consultant acting under license or legal agreement with LightBlue. If in doubt, please contact:  contact@lightblueconsulting.com .   

1.2 Auditing fees. The Member accepts and agrees to pay the Auditing fees directly to the officially accredited Auditing company. The Auditing company and the dedicated auditor’s contact will be attributed to the Member directly by The PLEDGE through the official email address of The PLEDGE. Membership and auditing fees are non-refundable.  

1.3 In the event a Member fails to meet the certification Audit requirements but wishes to repeat the process at a later date, then the Member will be required to pay a second Audit fee in full to repeat the auditing process.  

1.4 Membership begins the day after receipt of payment of the Membership fee (the “Anniversary Date”). Membership is renewable annually and the annual Membership fee will become due on the Anniversary date. 

1.5 Membership will terminate automatically if the Member’s certification is cancelled or any fees are not paid. 

ARTICLE 2 – Certification Process  

2.1 Upon payment of the Membership fee, The PLEDGE will send login credentials and a welcome kit to the Member which will include a user guide regarding access to its online platform. The online Compliance platform details the ninety-five (95) criteria (including guidance and tools) and is the platform where Members are required to upload all required evidence demonstrating compliance with The PLEDGE’s certification criteria.  

2.2 The Member will use its best efforts to  attain the highest certification rating in order to meet the requirements of The PLEDGE’s certification.  

2.3 In particular, the Member hereby undertakes to provide authentic, true and reliable evidence (which may include oral evidence) demonstrating compliance with all The PLEDGE’s certification criteria;  

2.4 Proactively inform The PLEDGE once it is fully prepared to undergo the Audit certification process and fully respond to all communications with the authorised third-party auditing company.  

2.5 Once the Member has completed the certification process by inputting and uploading all the required information and evidence into the online platform, it must submit an e-mail to The PLEDGE requesting it to launch the Audit process (detailed in Article 3 below).   

2.6 A third-party auditor will contact the Member and Audit the Member’s compliance against the ninety-five (95) criteria.   

2.7 In order to meet certification, the Member must obtain a minimum rating of seventy (70) points. If the Member does not reach the minimum rating, it will have one 10 business days to take the necessary corrective actions.  

2.8 If approved, the certification accreditation is valid for a period of one (1) year and the Member hereby expressly accepts to ensure that it’s business site maintains the standards in accordance with the Certification Criteria. 

2.9 In the event that the Member fails the certification Audit, an Appeal Procedure is available to the Member (see Article 8 below). 

2.10 Once officially certified, the Member will be provided with access to the online Compliance Platform which includes a Communication toolbox. The Member is authorised  to use all the marketing materials included in the toolbox such as The PLEDGE Certified logo, badge, official certificate, etc. The tool box also contains instructions as to how to use the marketing materials and communicate publicly about its certification. The Member may adjust the size of the communication materials; however, the Member is not authorised to modify, crop or otherwise change the aforementioned communication materials.  

2.11 The Member agrees that it will actively promote The PLEDGE on its social media and in its communications exclusively using communication materials provided by The PLEDGE for as long as it retains its certification.  

2.12 Moreover, the Member expressly Agrees to the use of its name and logo by The PLEDGE on its website, in its social media and communication materials and will provide The PLEDGE with fully approved and licensed materials for this purpose. 

2.13 The Member will be re-evaluated on an annual basis to ensure the continued level of compliance and performance. In the event that the Member fails to meet the Certification Criteria on annual review, it will have one (1) month to realign its services.  If after that time it still fails to meet the Certification Criteria, then its certification will be cancelled and its Membership will be terminated.    

2.14 Moreover, in the event that the Member’s certification is cancelled or it fails to pay the annual Membership and/or Audit fees (see Article 1.4 above) twelve (12) months after the official certification date, then Member must remove all The PLEDGE marketing materials, logo or reference made to its The PLEDGE™ certification status on all its printed and digital material immediately. Once this has been done, Member will submit a signed declaration to The PLEDGE by email confirming that this has been done. 

Article 3 – Audit 

3.1 Objective and scope. The Audit provides an in-depth snapshot of the Member’s business and restaurant operations and helps evaluate compliance against the ninety-five (95) criteria defined by The PLEDGE, and assess team commitment. The auditor will examine whether the evidence and verbal explanations provided by the Member for each of the criteria fully meet the PLEDGE standards. 

3.2 Pre-Audit analysis: The auditor will assess and verify the evidence uploaded by the Member on the Compliance Platform prior to the official Audit. 

3.3 The Audit. The Audit usually takes 3 to 4 hours and will normally take place during the Member’s regular service hours to assess operations effectively. 

3.4 Analysis: The Audit is comprised of three different types of evidence: 

3.4.1 Verbal evidence: the auditor will meet with the Member’s staff, individually or in a group, including the Executive Chef, Heads of Department, Food Lover’s Committee, General Manager etc. 

3.4.2 Visual evidence: the auditor will visit different parts of the Member’s site including the restaurant areas and “back of house” notably storage rooms, garbage area, delivery area, staff canteen, cold rooms, etc.) 

3.4.3 Documentary evidence: the auditor will review the Member’s files and written submissions provided on the Compliance Platform and compare them with evidence collected during the onsite visit. 

3.5 While visiting all the relevant areas onsite, the auditor will pay particular attention to compliance with the criteria and take pictures or video as supporting evidence where appropriate. All areas should be accessible to the auditor. For example, where a restaurant has multiple cold rooms, all of them must be visited, not just one. 

Article 4 – Audit reporting 

4.1 If any criteria are found not to be compliant following the Audit, the auditor will provide the Member with a list of the necessary measures that must be taken and additional evidence to be submitted. The Member will have a maximum of 10 days  to ensure that corrective measures are put in place.  

4.2 The Audit reports will be submitted to The PLEDGE by the auditor for final review. If any criteria are not clearly documented, The PLEDGE team will ask for additional information from the auditor. Once the reports are validated, they are sent to the Member by The PLEDGE team together with the final compliance evaluation. 

 

Article 5 – Member Obligations  

5.1 The Member will:   

a) settle the auditing fee submitted by The PLEDGE auditor or The PLEDGE; and . 

b) ensure that sufficient information, instructions and documents are uploaded onto The PLEDGE Compliance Platform at least seven (7) days before the scheduled Audit date in order to ensure that the Audit can be correctly and efficiently performed; and 

c) provide access to the Auditing Company’s representative(s) present on the site premises where the Audit will take place and take all necessary steps to eliminate or remedy any obstacles to, or interruptions in, the performance of the same; and  

d) ensure that all the necessary measures have been taken to guarantee the safety and security of the work conditions, sites and installations during the Audit.   

Article 6 – Auditing Fees and payment  

6.1 All Fees will become payable thirty (30) days following date of invoice and payments will be made by bank transfer to the bank account designated in the invoice. Late payment shall be subject to interest on arrears at 5% per annum. 

6.2 Fees are payable in the currency invoiced only and any banking fees will be borne by the Member. 

6.3 Audit results will not be disclosed to the Member until full payment has been received by the auditor or The PLEDGE. 

6.4 Where the Auditing Company is unable to perform all or part of the Auditing services for any cause whatsoever outside the Auditing Company’s control including failure by Member to comply with any of its obligations provided for in Article 5 above the Auditing Company shall nevertheless be entitled to payment of the following:  

6.4.1 the amount of all non-refundable expenses incurred by the Auditing Company; and  

6.4.2 a proportion of the agreed Auditing fee equal to the Audit services actually performed.  

6.5 Standard cancellation policy conditions shall apply in the event of the cancellation of any scheduled Audit service by any of the Member’s or third party sites as follows:  

 6.5.1 0 % of the total Audit Services if the cancellation occurs more than sixty (60) calendar days before the scheduled Audit date, plus any reasonable non-refundable or avoidable travel expenses already paid or due on presentation of supporting documents; 

6.5.2 25 % of the total Audit services fee if the cancellation occurs between fifty nine (59) and thirty (30) calendar days before the scheduled Audit date plus any reasonable non-refundable travel expenses already paid or due on presentation of the supporting documentation; 

6.5.3 50 % of the total Audit services fee if the cancellation occurs between twenty nine (29) and fifteen (15) calendar days before the scheduled Audit date plus any reasonable non-refundable travel expenses already paid or due on presentation of supporting documents; 

6.5.4 75 % of the total Audit services fee if the cancellation occurs between fourteen (14) and eight (8) calendar days before the scheduled Audit date plus any reasonable non-refundable travel expenses already paid or due on presentation of the supporting documentation; and 

6.5.5 100 % of the total Audit services fee if the cancellation occurs less than seven (7) calendar days before the scheduled Audit date plus any reasonable non-refundable travel expenses already paid or due on presentation of the supporting documentation. 

6.5.6 If a scheduled Audit date is postponed more than once for any given site, an administrative fee of USD 50 (fifty) will be charged per postponement.  Any travel or other relevant expenses that may have been incurred and which are non-refundable will be invoiced.   

Article 7 – Suspension or termination of services 

7.1 The Auditing Company shall be entitled to immediately and without liability suspend or terminate the provision of the Audit services in the event of:  

7.1.1 Failure by the Member to comply with any of its obligations hereunder and where such failure is not remedied within ten (10) days following notification to the Member; and/or  

7.1.2 in the event of non-payment of any fees, arrangement with creditors, bankruptcy, insolvency, receivership or cessation of Member’s business.  

 

Article 8 – Certification Appeal Procedure 

8.1 In the event that a Member of The PLEDGE wishes to appeal against an auditor’s decision, the applicant must submit an Appeal in writing via e-mail to love@thepledgeonfoodwaste.org within 48 hours from the moment when the Audit report was received.   

8.2 The following documents must be submitted with the letter requesting The Appeal: 

  • A statement from the Appellant clearly identifying the reasons for the Appeal. 
  • Evidence to support the claim. 

8.3 Procedure for Reviewing the Appeal 

Once the Appeal has been received by The PLEDGE, it will take the following action: 

8.3.1 The PLEDGE will acknowledge receipt of the Appeal and documents submitted. Once reviewed, the PLEDGE will inform the Appellant as to whether any additional documents are required. 

8.3.2 The PLEDGE will contact the relevant auditor and request clarification and additional information that may be required concerning the decision taken. 

8.3.3 The PLEDGE will review all the information and documents provided both by the auditor and the Appellant. If it is deemed necessary, the PLEDGE may request an interview with the Appellant which will take place either on-line or in person. 

8.3.4 Following a full review of all the documents, information and interview where relevant, the PLEDGE will make a final decision. In the event the Appeal is upheld, the preceding Audit report and related score will be adjusted and corrected.  If the Appeal is rejected, the initial Audit report and corresponding rating will be maintained. 

8.4 Fairness 

Submission, investigation, and decision on Appeal will not incur any discriminatory action against the Appellant. 

Article 9 – Online Compliance Platform  

9.1 The PLEDGE™ provides the Member with access to the Compliance Platform (the “Software”) to upload evidence and access support tools.  

9.2 Whilst reasonable care is taken to ensure the proper functioning of the applications and software related to the Compliance Platform, The PLEDGE makes no representation or warranty, express or implied, that the applications, software and/or the Compliance Platform are free from errors or omissions.  Access and use are on an “as is” basis and has not been tailored to the individual requirements of each Member.  It is therefore the Member’s responsibility to satisfy itself that its own hardware and software are compatible. 

9.3  Furthermore, although reasonable care has been taken to exclude computer viruses, no warranty is made that the software is virus free. The Member shall be responsible for ensuring that no virus is introduced into the Compliance Platform and shall not hold the The PLEDGE™ responsible.  

9.4 The Member is responsible for safeguarding the security of its access and passwords and will take the necessary measures to ensure that the Compliance Platform is not accessed by unauthorised third parties. 

9.5 It is understood and agreed by the Member that The PLEDGE has rights to use any data uploaded on the Compliance Platform.  The Member agrees that The PLEDGE™ is fully authorised to use the data for the purposes of the Audit certification, for its research and statistical analysis, marketing and/or educational purposes, and the origin of data (names, brand, people) will be protected in accordance with current legislation.  

9.6 The Member is prohibited from performing reverse engineering, copying or developing third-party software which interoperates with the licensed platform without the prior and explicit and written agreement from The PLEDGE.  

Article 10 –Confidentiality  

10.1 The Member agrees to maintain strict confidentiality regarding all of The PLEDGE’s business affairs that it knows or should have known to be of a confidential nature during the collaboration and following any termination. In particular, the Member will keep confidential all information related to, including but not limited to, the ninety-five (95) criteria, processes and procedures, certification process, Audit procedure, the online Compliance Platform and the access login and password, the tools embedded on the platform, the communication toolbox or any other material provided by The PLEDGE. Such confidential information may also include any information related to The PLEDGE or its network, including financial or business information (all together “Confidential Information”).  

10.2 The Member may use Confidential Information during the collaboration exclusively for the performance of the Audit and certification procedure in the context of these Terms and Conditions. The Member is not authorised to use, sell, share, disclose or otherwise the Confidential Information in any way whatsoever for itself or for any third party either during or following termination of the collaboration. 

10.3 This Article 10 shall remain in effect for a period of five (5) years following the end of the collaboration. Notwithstanding the foregoing, the recipient’s duty to hold in confidence Confidential Information that was disclosed during the collaboration shall remain in effect indefinitely, save otherwise agreed in writing. 

10.4 While performing the Audit Services, the Member recognizes that they may come in contact or become familiar with information The PLEDGE or its subsidiaries or affiliates may consider confidential. This information may include, but is not limited to, information pertaining to purchasing, pricing structure, tools, financial performance, computer software, processes, reporting document and structure, methods and methodology, and food cost, which information may be of value to a competitor. The Member will ensure that it’s  staff and/or consultants agree to keep all such information confidential and not to discuss or divulge it to anyone.  

Article 11 – Changes to Terms and Conditions 

The PLEDGE may make changes to these Terms and Conditions from time to time for legal or other reasons. The latest version will always be available on the Compliance Platform. Any new version of these Terms and Conditions will take effect and govern the Member’s, collaboration  with The PLEDGE, immediately upon its date of publication. By continuing to be a Member of The PLEDGE, you agree to be bound by the provisions of such updates and modifications. 

Article 12 – Termination 

12.1 On Termination for whatever reason, access to The PLEDGE’s Compliance Platform will be terminated on the effective date of Termination.  

12.2 The Member shall lose The PLEDGE certified accreditation and will no longer be authorised to present itself as such.  Furthermore, the Member  shall no longer be authorised to use The PLEDGE marketing materials (Articles 2.10-2.14),  name and/or Trademark and will remove any mention of Company from all letterheads, invoices, business cards, advertising and promotional materials, whether on or off-line, and other documentation, of any nature, containing the aforementioned Trademark.  

Applicable law 

12.1 These Terms and Conditions shall be subject to and interpreted in accordance with Singapore law. 

12.2 In the event of any dispute, the Member and The PLEDGE will meet in good faith and use their best endeavours to find an amiable solution failing which the Member and The PLEDGE will submit to final mediation with one mediator in accordance with Singapore rules. 

Article 13 – Notices 

13.1 All inquiries, notices and other communications shall be sent by e-mail to: love@thepledgeonfoodwaste.org   

14. Miscellaneous: These Terms and Conditions are written in English which shall be the only binding language