Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Fresoh website and mobile application (together, the "Platform"), operated by Fresoh (Pty) Ltd ("Fresoh", "we", "us"). By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

1. About Fresoh

Fresoh is a technology platform that connects Customers with Restaurants (food businesses) selling surplus food at a reduced price for collection within a stated pickup window. Fresoh is not a food seller, does not prepare, own, package, or control the food listed on the Platform, and is not a party to the contract of sale between a Customer and a Restaurant. Each Restaurant is solely responsible for the quality, safety, description, and legality of the food it lists.

2. Definitions

• "Customer" means a user who browses and orders food listings through the Platform.
• "Restaurant" means a food business registered on the Platform to list surplus food for collection.
• "Listing" means a surplus food item made available by a Restaurant, including its price, quantity, and pickup window.
• "Order" means a Customer's confirmed purchase of one or more Listings, identified by an order number and, once ready, a QR collection code.

3. Eligibility and registration

You must be at least 18 years old, or otherwise have the legal capacity to enter into a binding contract under South African law, to create an account. You agree to provide accurate, current, and complete information when registering, and to keep your account details up to date. You are responsible for all activity that occurs under your account and must notify us immediately of any unauthorised use at support@fresoh.co.za.

4. How ordering and collection works

1. Customers browse Listings near their location and select items to order.
2. Payment is collected upfront through our payment partner, PayFast, in South African Rand.
3. Once payment is confirmed, the Order is generated together with a unique QR collection code and pickup window.
4. The Customer collects the Order from the Restaurant within the stated pickup window and presents the QR code, which the Restaurant scans to confirm collection.
5. Orders not collected within the pickup window may be forfeited without refund, except where the Restaurant failed to make the Order available as described in clause 6.

5. Restaurant obligations

Restaurants using the Platform to list surplus food agree to:

• Provide accurate descriptions, pricing, quantities, allergen information, and pickup windows for each Listing.
• Comply with all applicable South African food safety legislation, including the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 and any applicable municipal health regulations.
• Hold any licences, permits, or registrations required to prepare and sell food.
• Honour confirmed Orders and make them available for collection within the stated pickup window.
• Pay the commission fee disclosed to them at the time of registration or as updated from time to time.

Fresoh may verify, suspend, or remove a Restaurant's account where it reasonably believes these obligations have not been met.

6. Cancellations and refunds

Because Listings involve surplus, often perishable food sold at short notice, Orders generally cannot be cancelled or refunded once payment is confirmed. You may be entitled to a refund or credit where:

• The Restaurant fails to make your Order available for collection within the pickup window through no fault of your own; or
• The food collected is not fit for human consumption or materially different from its Listing description.

To request a refund, contact support@fresoh.co.za within 24 hours of your pickup window, describing the issue. We will review your request and, where appropriate, liaise with the Restaurant on your behalf.

7. Ratings and reviews

After collecting an Order, Customers may leave a star rating and comment. Reviews must be honest, based on genuine experience, and must not contain defamatory, abusive, or unlawful content. We may remove reviews that breach this clause.

8. Prohibited conduct

You agree not to:

• Use the Platform for any unlawful purpose or in breach of these Terms.
• Interfere with, disrupt, or attempt to gain unauthorised access to the Platform or other users' accounts.
• Misrepresent your identity, a Listing, or an Order.
• Share, resell, or transfer your QR collection code to circumvent the ordering process.
• Scrape, reverse engineer, or copy the Platform except as permitted by law.

9. Intellectual property

The Platform, including its design, logos, and content (excluding Restaurant-supplied content), is owned by or licensed to Fresoh and is protected by South African intellectual property law. You may not use our branding without prior written permission.

10. Disclaimers and limitation of liability

Fresoh acts solely as an intermediary connecting Customers and Restaurants and does not guarantee the quality, safety, or fitness for purpose of any food listed on the Platform. To the maximum extent permitted by South African law, including the Consumer Protection Act 68 of 2008 where applicable, Fresoh's liability arising from your use of the Platform is limited to the amount you paid for the relevant Order. Nothing in these Terms excludes liability that cannot lawfully be excluded.

11. Indemnity

You agree to indemnify Fresoh against any claims, losses, or damages arising from your breach of these Terms or misuse of the Platform, to the extent permitted by law.

12. Suspension and termination

We may suspend or terminate your access to the Platform if you breach these Terms, engage in fraudulent or unsafe conduct, or where required by law. You may close your account at any time as described in our Account Deletion page.

13. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page and update the "Last updated" date above. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws of the Republic of South Africa, and any dispute arising from them is subject to the non-exclusive jurisdiction of the South African courts.

15. Contact us

Questions about these Terms can be sent to support@fresoh.co.za.