Terms of Use for the Community Fresh Application

Please take a moment to read these terms and conditions to navigate the Community Fresh Agri-Commerce Platform with confidence.

1.1 Welcome to the Community Fresh mobile application, owned, administered, and operated by Seriti Institute (“Seriti,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern the ordering and sale of goods and the use of the Community Fresh mobile application (“App”).
1.2 These Terms are legally binding and enforceable against any person who accesses or uses this App (“you,” “your,” or “user”), including users who register for an account (“registered users”). By using the App and clicking “Register Now,” you confirm that you have read, understood, and agreed to these Terms.
1.3 These Terms also apply to users covered under the Consumer Protection Act, 68 of 2008 (CPA). Our Privacy Policy governs how we collect, safeguard, and disclose your data and is part of these Terms.
1.4 If you do not agree with these Terms, please refrain from using the App. If you have any concerns, you may contact us at info@seriti.org.za.

2.1.1 To access our services, you must register by providing personal details, including a valid mobile number and password. You agree to:
2.1.2 Maintain accurate account information.
2.1.3 Keep your login credentials confidential.
2.1.4 Notify us immediately of unauthorised access to your account.
2.2 Registration and/or use of our online services constitutes your acceptance and agreement to be bound by these Terms.
2.3 To register, you will be required to provide certain personal information, including your cell phone number and password. Please keep your personal information secure. We accept no liability for any damages suffered or losses incurred from the unauthorised use of your personal information. You will be required to enter your cell phone number and password each time you use the App.
2.4 We are not liable for any loss resulting from unauthorised account access due to user negligence.

3.1 By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
3.2 You may opt-out anytime by clicking the “unsubscribe” link in emails or contacting info@seriti.org.za.

4.1 When purchasing the App, you may need to provide payment details, including your card number, expiration date, billing address, and shipping details. You confirm that: 4.1.1 You have the legal right to use the selected payment method.
4.1.2 Your payment details are accurate and up to date.
4.2 Payments are processed through third-party services. By submitting your payment information, you authorise us to share it with payment processors as outlined in our Privacy Policy.
4.3 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order or other reasons.
4.4 We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

5.1 Due to the perishable nature of goods, returns are not accepted after delivery. If a product is defective upon receipt, notify us within 24 hours at info@seriti.org.za to request a refund. Refunds will be processed within 30 days, subject to verification.

6.1.1 The App allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

6.1.2 By posting Content on or through Our Service, you represent and warrant that:

6.1.3 the Content is yours (you own it), and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms and

6.1.4 that the posting of your Content on or through our Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
6.2 Users are responsible for ensuring their content does not infringe on intellectual property or violate privacy laws.
6.3 Seriti Institute reserves the right to terminate accounts engaging in copyright infringement.

6.4 You retain any of your rights to any Content you submit, post or display on or through the App, and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third-party posts on or through the Service. However, by posting Content using our Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

6.5 Seriti Institute has the right but not the obligation to monitor and edit all Content provided by users.

6.6 In addition, Content found on or through this Service is the property of Seriti Institute or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or personal gain without express advance written permission from us.

7.1.1 You may use this Service only for lawful purposes and in accordance with these Terms.

7.1.2 You may not use the App to:

7.1.3 Engage in unlawful activities.

7.1.4 Harm minors or post inappropriate content or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

7.1.5 Send spam, chain letters, or misleading advertisements.

7.1.6 Impersonate individuals or entities.

7.1.7 Introduce malware or interfere with App functionality.

7.1.8 infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

7.1.9 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

7.1.10 Collect user data without consent.

7.1.11 Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.

7.1.12 Use any robot or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service. 7.1.13 Use any manual process to monitor or copy any of the material on the Service or for any other unauthorised purpose without our prior written consent.

7.1.14 Use any device, software, or routine that interferes with the proper working of Service.

7.1.15 Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

7.1.16 Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.

7.1.17 We reserve the right to suspend accounts violating these rules.

We use third-party analytics tools to monitor usage patterns and improve our services. Our Privacy Policy governs data collection and processing. If the App processes users’ data outside South Africa, compliance with POPIA (Protection of Personal Information Act) and GDPR (General Data Protection Regulation) may apply.

The service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Seriti Institute and its licensors. The service is protected by copyright, trademark and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Seriti Institute. The contents of the App, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this App (“App Content”) are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of Seriti Institute, its sponsors and/or is licensed to Seriti Institute.

Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you believe that copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@seriti.org.za. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

The laws of the Republic of South Africa govern these Terms. Any dispute arising in relation to these Terms shall, to the extent permitted by law, be referred to arbitration in Gauteng at a venue of our choice, applying the Uniform Rules of the High Court of South Africa. Nothing in this clause limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA. Dispute resolution will be governed by South African law, and relevant consumer protection authorities will apply for in-app purchase disputes.

You may email us information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”) at info@seriti.org.za.

You acknowledge and agree that:

you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

Seriti Institute may have development ideas similar to the Feedback;

Feedback does not contain confidential information or proprietary information from you or any third party, and Seriti Institute is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Seriti Institute and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialise) Feedback in any manner and for any purpose.

Our Service may contain links to third-party websites or services that are not owned or controlled by Seriti Institute. Seriti Institute has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Seriti Institute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit.

Seriti Institute provides these services on an “as is” and “as available” basis. Seriti Institute makes no representations or warranties of any kind, express or implied, as to the operation of their services or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk. Neither Seriti Institute nor any person associated with Seriti Institute makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Seriti Institute nor anyone associated with Seriti Institute represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

Seriti Institute hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage. However it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any national, international or local laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of Seriti Institute, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We reserve the right to withdraw or amend our Service and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

No waiver by Seriti Institute of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Seriti Institute to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

By using the service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

Please send your feedback, comments, and requests for technical support by email: info@seriti.org.za