Terms and Conditions

These Terms and Conditions govern your use of the Fresh Earth Food Store website (FreshEarth.co.za Site) and your relationship with the Fresh Earth Food Store website (The Fresh Earth Food Store Web Co., we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the FreshEarth.co.za Site.

Please note that to use any of the services provided on the FreshEarth.co.za Site, you are required to register as an authorised user on the site.

1. Use of the FreshEarth.co.za Site:

The FreshEarth.co.za Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the FreshEarth.co.za Site you agree to be bound by these Terms and Conditions.

All orders and purchases made on the FreshEarth.co.za Site will also be governed by these Terms and Conditions.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

2. Health information on the website:

The information contained in this website is not intended nor implied to be a substitute for professional medical advice, it is provided for educational purposes only.

You assume full responsibility for how you choose to use this information.
Although Fresh Earth Web Co. makes every effort to ensure that only the highest quality of the information and advice is published on the website, the contents of the FreshEarth.co.za website, such as text, graphics, and other material (“Content”) located at FreshEarth.co.za and its subdomains or aliases (“Website”), as well as any links provided to other websites, are for informational purposes only.

Always seek the advice of your physician or other qualified healthcare provider before starting any new treatment or discontinuing an existing treatment. Talk with your healthcare provider about any questions you may have regarding a medical condition. Nothing contained in these topics is intended to be used for medical diagnosis or treatment.

A supplement not a Substitute:

• The information and materials in FreshEarth.co.za should not be used as a substitute for the care and knowledge that your physician can provide to you. The information and materials presented in FreshEarth.co.za are meant to supplement the information that you obtain from your physician.
• If there is a disagreement between the information presented herein and what your physician has told you – it is more likely that your physician is correct.
• He or she has the benefit of knowing you and your medical problems. You should recognise that the information and materials presented in FreshEarth.co.za have the following limitations, in comparison to being examined by your own physician:
  – You can have a conversation with your doctor
  – Your doctor can perform a physical examination and any necessary tests
  – Your could have an underlying medical problem that requires a physician to detect

3. Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the FreshEarth.co.za Site. The changes will apply to the use of the FreshEarth.co.za Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the FreshEarth.co.za Site and the Online Stores. If you continue to use the FreshEarth.co.za Site after the date on which the change comes into effect, your use of the FreshEarth.co.za Site indicates your agreement to be bound by the new Terms and Conditions.

4. Registration

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

5. Password and security

When you register to use the FreshEarth.co.za Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us (click on Contact Store for details) immediately.

If FreshEarth.co.za has reason to believe that there is likely to be a breach of security or misuse of the FreshEarth.co.za Site, we may require you to change your password or we may suspend your account in accordance with paragraph 12 below.

6. EarthBucks Savings Account

EarthBucks Terms and Conditions

7. Standard Discount Voucher/Coupon Terms and Conditions

a. Using Discount Voucher/Coupons

Discount Vouchers/Coupons can only be used online at www.FreshEarth.co.za subject to these general terms and conditions, and any other specific conditions notified to you on the issue of an Discount Voucher/Coupon. No Discount Voucher/Coupon is redeemable through any website owned or operated by The Fresh Earth Food Store Web Co. other than FreshEarth.co.za.

A Discount Voucher/Coupon is redeemed by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the Discount Voucher/Coupon .

Your use of a Discount Voucher/Coupon indicates your agreement to be bound by these Discount Voucher/Coupon Terms and Conditions.

The Fresh Earth Food Store Web Co. reserves the right to withdraw or cancel an Discount Voucher/Coupon for any reason at any time.

b. Distribution of Discount Vouchers/Coupons

Discount Vouchers/Coupons are, and remain at all times, the property of The Fresh Earth Food Store Web Co.

The right to use a Discount Voucher/Coupon is personal to the original recipient and may not be transferred. No Discount Voucher/Coupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of The Fresh Earth Food Store Web Co.

Discount Vouchers/Coupons distributed or circulated without the written approval of The Fresh Earth Food Store Web Co., for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.

c. Permitted usage of Discount Vouchers/Coupons

Unless expressly stated otherwise at the time of issue of the Discount Voucher/Coupon;

• Each issued Discount Voucher/Coupon will be valid for use by a recipient only once,
• Only one Discount Voucher/Coupon will be valid for use per customer or household, as the case may be, and,
• A Discount Voucher/Coupon may not be used in conjunction with any other special offer or Discount Voucher/Coupon.
• Discount Vouchers/Coupons cannot be exchanged for cash or used to purchase gift-vouchers.
• Discount Vouchers/Coupons may be limited to redemption in respect of certain products or services or certain products or services may be excluded from the ambit of use of the Discount Vouchers/Coupons, in which case notice will be given to you at the time of issue of the Discount Vouchers/Coupons.
• Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.

d. Minimum spend requirements

Where the redemption of a Discount Vouchers/Coupons is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the Discount Vouchers/Coupons. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.

If more than one minimum spend offer is valid for use in an order, there must be sufficient qualifying spend to meet the requirements of each offer in total.

e. Calculation of discount

Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.

Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.

f. Security and Fraud

When you use a Discount Voucher/Coupon you warrant to The Fresh Earth Food Store Web Co. that you are the duly authorised recipient of the Discount Vouchers/Coupons and that you are using it in good faith.

If you redeem, attempt to redeem or encourage the redemption of Discount Vouchers/Coupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any Discount Vouchers/Coupons is being used unlawfully or illegally we may reject or cancel any Discount Vouchers/Coupons and you agree that you will have no claim against us in respect of any rejection or cancellation. The Fresh Earth Food Store Web Co. reserves the right to take any further action it deems appropriate in such instances.

If we refuse a Discount Voucher/Coupon submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.

g. Limitation of liability

At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

All offers are subject to availability and while stocks last.

The Fresh Earth Food Store Web Co. shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Discount Vouchers/Coupons or any failure or inability of a customer or household to use a Discount Voucher/Coupon for any reason.

h. Miscellaneous

We reserve the right to vary or terminate the operation of any Discount Vouchers/Coupons or Loyalty Points Programs at any time without notice.

The failure of The Fresh Earth Food Store Web Co. to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. The Fresh Earth Food Store Web Co. reserves its rights in respect of these terms and conditions at all times.

8. Refunds on promotional offers

Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.

9. Excluded Services

The services provided by the FreshEarth.co.za Site do not include the provision of computer or other necessary equipment to access the FreshEarth.co.za Site. To use the FreshEarth.co.za site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.

10. Intellectual property

The content of the FreshEarth.co.za Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the FreshEarth.co.za Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the FreshEarth.co.za Site without written permission from FreshEarth.co.za .

No licence is granted to you in these Terms and Conditions to use any trade mark of FreshEarth.co.za or its affiliated companies including, without limitation, the trade marks THE FRESH EARTH FOOD STORE WEB CO., FRESHEARTH.CO.ZA and THE FRESH EARTH FOOD STORE (PTY) LTD.

11. Limitations

You may not use the FreshEarth.co.za Site for any of the following purposes:
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems interfering with any other person’s use or enjoyment of the FreshEarth.co.za Site breaching any laws concerning the use of public telecommunications networks interfering or disrupting networks or web sites connected to the FreshEarth.co.za Site making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner FreshEarth.co.za reserves the right to refuse to post material (including, without limitation, comments, ratings, and questions.) on the FreshEarth.co.za Site or to remove material already posted on the FreshEarth.co.za Site.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

• any claim by any third party that the use of the FreshEarth.co.za Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the FreshEarth.co.za Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the FreshEarth.co.za Site by you.

12. Availability of the FreshEarth.co.za Site

Although FreshEarth.co.za aims to offer you the best service possible, FreshEarth.co.za makes no promise that the services at the FreshEarth.co.za Site will meet your requirements. FreshEarth.co.za cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (click on Contact Store for details) or by email at info@Fresh Earth .co.za and we will attempt to correct the fault as soon as we reasonably can.

Your access to the FreshEarth.co.za Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. FreshEarth.co.za will attempt to restore the service as soon as it reasonably can.

13. FreshEarth.co.za ‘s right to suspend or cancel your registration

FreshEarth.co.za may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the FreshEarth.co.za Site.

The suspension or cancellation of your registration and your right to use the FreshEarth.co.za Site shall not affect either party’s rights or liabilities.
Paragraphs 9, 10 and 13 of these Terms and Conditions shall survive cancellation.

14. FreshEarth.co.za ‘s liability

The FreshEarth.co.za Site is provided by FreshEarth.co.za without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The FreshEarth.co.za Site provides content from other Internet sites or resources and while FreshEarth.co.za tries to ensure that material included on the FreshEarth.co.za Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. FreshEarth.co.za will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the FreshEarth.co.za Site. If FreshEarth.co.za is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

• incompatibility of the FreshEarth.co.za Site with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the FreshEarth.co.za Site
• unsuitability, unreliability or inaccuracy of the FreshEarth.co.za Site
  inadequacy of the FreshEarth.co.za site to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the FreshEarth.co.za Site.

Nothing in this paragraph applies to FreshEarth.co.za ‘s liability in respect of products sold through the Online Stores.

Nothing in these Terms and Conditions shall exclude FreshEarth.co.za ‘s liability for personal injury or death caused by its negligence.

Our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.

15. Third Party Websites

As a convenience to FreshEarth.co.za customers, the FreshEarth.co.za Site includes links to other web sites or material which are beyond its control. FreshEarth.co.za is not responsible for content on the Internet or World Wide Web pages on any other site outside the FreshEarth.co.za Site.

16. Advertising and Sponsorship

Part of the FreshEarth.co.za Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the FreshEarth.co.za Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

17. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa and any disputes will be decided only by the South African courts.

18. International Use

FreshEarth.co.za makes no promise that materials on the FreshEarth.co.za Site are appropriate or available for use in locations outside South Africa, and accessing the FreshEarth.co.za Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside South Africa, you do so on your own initiative and are responsible for compliance with local laws.

19. Expiry Date on Payment Card

Please ensure that the expiry date of your payment card is after the anticipated despatch date (at the time of shipping) of your order. Payment is taken at the point of despatch for goods and in the event that the payment card has expired we will be unable to take payment and fulfil your order.

20. Use of Community functions on the Sites

The FreshEarth.co.za site allows users to interact with each other via comments, message boards, and other user forums. We advise you not to post or in anyway reveal any of your personal details on the Community Sites (for example, your address and telephone number).

You may not use the Community functions for any of the following purposes:

• disseminating any unlawful, harassing, libellous, defamatory, racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
• transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;
• gaining unauthorised access to other computer systems;
• interfering with any other person’s use or enjoyment of the Community;
• making or transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
• impersonating another person;
• referring to specific website addresses outside of FreshEarth.co.za; or
  advertising

The Fresh Earth Food Store Web Co. does not control the content placed on the Community. However, The Fresh Earth Food Store Web Co. reserves the right to refuse to post material, to remove material posted on the Community Sites and to contact you in the event that there are concerns about the content you have added to a Community. The Fresh Earth Food Store Web Co. may review or edit the content of the Community. Therefore, if you have concerns about any of the content of the Community you should contact us by selecting the “Contact Store” link button. The relevant content may be removed from the Community. If we believe that any material placed on the Community by you is unlawful we may contact the relevant authority.

The Fresh Earth Food Store Web Co. makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent the views of FreshEarth.co.za .

You will be responsible for:

• any claim by any third party that the use of the Community by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Community by you infringes that third party’s copyright or other intellectual property rights of whatever nature;
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Community by you.

By submitting material you are granting The Fresh Earth Food Store Web Co. a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.
You will be responsible for our losses and costs resulting from your breach of these Community terms and conditions.

21. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and FreshEarth.co.za ignores this, FreshEarth.co.za will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

FreshEarth.co.za shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from any specific act governing third party contract rights.

The FreshEarth.co.za Site is owned and operated by The Fresh Earth Food Store Web Co. which is a division of Fresh Earth Food Store (Pty) Ltd a company registered in South Africa whose registered office is at 103 Komatie Road Emmarentia, Johannesburg.

Details:

Fresh Earth Food Store Web Co. D/O Fresh Earth Food Store (Pty) Ltd
Reg-2002/025555/07
tel: 011 646 4404
fax: 011 646 3470
email: info@freshearth.co.za
103 Komatie Road, Emmarentia, JHB, South Africa
VAT number 4220217048

If you have any queries please contact Customer Services at support@freshearth.co.za