Acceptable Use Policy

1. Introduction and Acceptance

These Terms of Use, together with the Fresoh Privacy Policy and, for Merchants, the Fresoh Merchant Agreement (collectively, the "Terms"), govern access to and use of the Fresoh website and mobile application (the "Platform") operated by Fresoh (Pty) Ltd ("Fresoh", "we", "us"). By creating an account, browsing, or otherwise using the Platform, you (a "User", meaning a Merchant or a Customer, as the context requires) agree to be bound by these Terms. If you do not agree, you must not use the Platform.

These Terms are governed by South African law, including the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Protection of Personal Information Act 4 of 2013 ("POPIA") and the Promotion of Access to Information Act 2 of 2000 ("PAIA").

2. Definitions

Capitalised terms not defined in these Terms have the meaning given to them in the Fresoh Privacy Policy. "Merchant" means a restaurant or food business listing surplus food on the Platform. "Customer" means a User purchasing surplus food through the Platform. "Content" means listings, descriptions, images, reviews and any other material submitted to the Platform by a User.

3. The Nature of the Platform

Fresoh operates an online marketplace that enables Merchants to list surplus food for sale and Customers to browse and purchase that food for collection or delivery. Fresoh is an intermediary platform: the contract for the sale of food is concluded directly between the Merchant and the Customer. Fresoh is not the seller, manufacturer or preparer of any food listed on the Platform, and does not itself take title to any food item.

4. Eligibility and Registration

4.1 You must be at least 18 years old and have the legal capacity to contract to register as a User.

4.2 Merchants must be a lawfully registered business or sole proprietor entitled to prepare and sell food to the public, and must provide accurate business name, address, business registration information and banking details as part of registration, as further set out in the Merchant Agreement.

4.3 Customers must provide a full name and at least one valid contact method (cellphone number and/or email address), and valid debit or credit card details for payment of orders.

4.4 You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

4.5 You must promptly notify Fresoh of any unauthorised use of your account or any other breach of security.

4.6 You must keep your registration information current and accurate at all times.

5. Merchant Listings

5.1 Merchants are solely responsible for the accuracy, legality and completeness of their listings, including descriptions, pricing, quantities, allergen and ingredient information, and images.

5.2 Merchants warrant that all food listed complies with applicable food safety legislation, including the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 and related regulations, and any municipal health by-laws applicable to the preparation and sale of food.

5.3 Fresoh does not inspect, test or verify the quality, safety or fitness for consumption of food listed by Merchants, and does not guarantee the accuracy of any listing.

5.4 Fresoh reserves the right to remove or suspend any listing that it reasonably believes breaches these Terms, applicable law, or poses a risk to Customer safety.

6. Orders, Pricing and Payment

6.1 Prices displayed on the Platform are set by Merchants and are inclusive of applicable VAT unless stated otherwise.

6.2 By placing an order, a Customer makes an offer to purchase the listed food at the stated price, which is accepted upon confirmation by the Merchant or the Platform.

6.3 Payment for orders is processed via debit or credit card through Fresoh's payment service provider at the time the order is placed. Customers authorise Fresoh and its payment service provider to charge the card provided for the full order value, including any applicable service or delivery fee.

6.4 Fresoh retains a commission of 20% of the order value (excluding VAT, unless otherwise agreed) on each completed order. The balance, less any other applicable fees set out in the Merchant Agreement, is paid to the Merchant's registered bank account in accordance with the settlement schedule in the Merchant Agreement.

6.5 Refunds, order cancellations and complaints regarding food quality or non-fulfilment are dealt with in accordance with the Platform's refund process set out in clause 6A and applicable consumer protection law.

6A. Refunds and Cancellations

Refunds and cancellations are handled in accordance with the Platform's refund process, and in a manner consistent with the allowances and limitations set out in the Consumer Protection Act 68 of 2008 ("CPA"), including:

• Where food is not made available for collection or delivery as ordered (non-fulfilment by the Merchant), the Customer is entitled to a full refund of the amount paid for that order;
• Where food supplied is unsafe, of poor quality, or materially fails to correspond with its listing description, the Customer may be entitled to a refund, replacement or partial refund, having regard to the Merchant's obligations and any rights the Customer has under sections 55 and 56 of the CPA (implied warranty of quality) and, where applicable, section 61 (liability for damage caused by unsafe or defective goods);
• Given the nature of surplus, near-expiry or end-of-day food, Customers acknowledge that the CPA's general "cooling-off" and change-of-mind return rights applicable to ordinary retail goods do not extend to perishable food correctly supplied as described, and refunds for such items are assessed on the grounds set out above rather than on a right to cancel for convenience;
• Fresoh will process approved refunds to the original payment method within a reasonable time, and will facilitate the Customer's complaint to the relevant Merchant as part of that process;
• Nothing in this clause limits a Customer's right to escalate an unresolved complaint to the National Consumer Commission or the Consumer Goods and Services Ombud, or otherwise exercise rights available under the CPA.

7. Push Notifications and Communications

By using the Fresoh mobile application, you consent to receive push notifications relating to your account, orders and the operation of the Platform (e.g. order confirmations, ready-for-collection alerts and payment confirmations). These operational notifications are necessary for the proper functioning of the service. You may disable push notifications at any time in your device settings, and may separately opt out of promotional/marketing push notifications, SMS and email communications as described in the Fresoh Privacy Policy, without affecting your ability to use the Platform.

8. Prohibited Conduct

You must not, and must not permit any third party to:

• Provide false, misleading or incomplete registration, business, food safety or payment information;
• Use the Platform for any unlawful purpose or in a manner that infringes the rights of Fresoh or any third party;
• List, or attempt to purchase, food that does not comply with applicable food safety or labelling laws;
• Circumvent the Platform to conclude transactions directly with another User in order to avoid Fresoh's fees;
• Interfere with, disrupt or attempt to gain unauthorised access to the Platform, its systems, or other Users' accounts or data;
• Reverse engineer, scrape, or use automated means to extract data from the Platform without prior written consent;
• Upload content that is defamatory, obscene, discriminatory, or otherwise unlawful;
• Engage in fraudulent chargebacks, payment fraud, or misuse of another person's payment card.

Breach of this clause may result in suspension or termination of your account and, where applicable, referral to law enforcement.

9. Food Safety Disclaimer

9.1 Surplus food listed on the Platform may be nearing its sell-by date, be a discounted end-of-day item, or otherwise differ from freshly prepared menu items. Customers acknowledge and accept this when purchasing surplus food.

9.2 Fresoh is not responsible for the quality, safety, or fitness for purpose of food supplied by Merchants. Any claim relating to the quality or safety of food purchased through the Platform must be directed to the relevant Merchant, without prejudice to any non-excludable rights a Customer has against Fresoh as an intermediary under the CPA.

9.3 Customers with food allergies or dietary requirements are responsible for reviewing listing information and, where necessary, contacting the Merchant directly before ordering.

10. Intellectual Property

The Platform, including its software, design, trademarks and the "Fresoh" name and logo, is owned by or licensed to Fresoh and is protected by applicable intellectual property laws. Users may not copy, modify, distribute or create derivative works of the Platform without Fresoh's prior written consent. Merchants grant Fresoh a non-exclusive, royalty-free licence to display Merchant Content (including business name, logo and listing images) on the Platform and in Fresoh's marketing, for the purpose of operating and promoting the Platform.

11. Privacy

Fresoh's collection, use and disclosure of personal information, including Merchant business and banking information and Customer contact and payment information, is governed by the Fresoh Privacy Policy, which is incorporated into these Terms by reference and which is prepared in accordance with POPIA and PAIA.

12. Suspension and Termination

12.1 You may deactivate your account at any time by contacting Fresoh support, subject to settlement of any outstanding orders or amounts owing.

12.2 Fresoh may suspend or terminate a User's account, with or without notice, where the User breaches these Terms, provides false information, engages in fraudulent or unlawful conduct, or poses a risk to the safety of other Users or the integrity of the Platform.

12.3 Termination does not affect any rights or obligations that accrued prior to termination, including any outstanding payment obligations.

13. Limitation of Liability

To the maximum extent permitted by law, Fresoh's liability to a User arising from or in connection with use of the Platform is limited to direct damages and shall not, in aggregate, exceed the total fees paid by or to that User through the Platform in the three months preceding the event giving rise to the claim. Fresoh shall not be liable for indirect, special or consequential loss, loss of profits, or loss arising from food quality, safety or non-delivery by a Merchant. Nothing in these Terms limits any liability that cannot lawfully be limited or excluded, including liability arising under section 61 of the CPA for harm caused by unsafe or defective goods, to the extent that section applies to Fresoh.

14. Indemnity

Each User indemnifies and holds Fresoh, its directors, employees and agents harmless against any claim, loss, liability or expense arising from that User's breach of these Terms, violation of applicable law, or the food listed, sold or purchased by that User through the Platform.

15. Dispute Resolution and Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms or use of the Platform shall first be referred to Fresoh customer support for resolution. Unresolved disputes may be referred to mediation, arbitration, or the jurisdiction of the South African courts, and Consumers retain any rights they may have to approach the National Consumer Commission or the Consumer Goods and Services Ombud in terms of the CPA.

16. General

16.1 Fresoh may amend these Terms from time to time. Material changes will be communicated via the Platform, email or push notification, and continued use after such notice constitutes acceptance.

16.2 If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.

16.3 These Terms, together with the Privacy Policy and (for Merchants) the Merchant Agreement, constitute the entire agreement between the User and Fresoh regarding use of the Platform.

16.4 Fresoh's failure to enforce any provision of these Terms is not a waiver of its right to do so later.

17. Contact

Fresoh (Pty) Ltd

Email: hello@fresoh.co.za

Postal address: 44 Mahlathi Road, Chesterville, Durban, 4091, South Africa