fbpx

Terms & Conditions

Terms of Use

Last Updated: August 13, 2018

Welcome to Früt SA (Pty) Ltd (herein referred to as “Früt” or any derivative thereof) and our Terms of Use (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully and completely.

By accessing or using the website pages, or blogs (collectively, the “Sites”) provided by Früt that link to these Terms, you agree to be obliged by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites, or order & receive products made available through the Sites (collectively, the “Products”), by Früt.

Let it be known, that if you are using the Sites on behalf of any person or entity, you represent and warrant that you, in your personal capacity, are solely responsible for the products or services tendered by Früt upon receipt of said Products.

Früt reserves the right to change, alter or modify these Terms at any time to fit the purposes of the business, and this may be done in our ole discretion. Any alterations made to these Terms shall be communicated by Früt, by sending an email notification, providing notice through the Sites or updating the “Last Updated” date (seen above). If you so wish to continue to access, utilize, proceed with the Sites or order, receive or use Products or Services tendered, you confirm your acceptance of the revised Terms and all of the terms assimilated therein.

It is in your best interest to, and we subsequently urge you to familiarize yourself with and review the Terms frequently to ensure clarity and understanding of the terms and conditions that apply when you access or use the Sites, order, receive or use the products. If you fail to agree or do not agree to the revised Terms, you may not access or use the Sites, order, receive or use the Products or Services tendered.

 

Please see below the specified Terms and conditions.

 

  1. Privacy Policy
    Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
  1. Eligibility
    Früt does not intend for the Sites, and/or offerings to be targeted toward or intended for use by any person under the legal age of 18. By using the Sites, and services tendered by Früt, you attest that and warrant that you represent:

    • that you are 18 years of age or older;
    • that you are a legal resident of South Africa;
    • that you are in sound mind, not inhibited by any substance that would impair your judgment;
    • that you have not beforehand been suspended or removed from the Sites or engaged in any action that could result in suspension or removal from the Sites; and
    • that you have full power and authority to enter into the terms of a sale and the Terms herein inferred, and in doing so will not infringe upon any other agreement to which you are a party.

     3. Communication, delivery and customer information:

In order to access and use certain areas or features of the Sites, you will need to provide Früt with information pertaining to your preferred delivery address, if applicable, accurate email addresses, cellular device numbers and certain information relating to your person, whether acting as a guest on the site or creating an account. By providing this information, whether acting as a guest or creating an account, you agree to:

  • provide accurate, up-to-date and complete account information;
  • maintain and/or update, where necessary, your information;
  • maintain the security of your account credentials;
  • be accountable for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, (please see below Terms); and
  • immediately notify Früt if you discover or are suspect of any security breaches, or fraudulent activity related to your dealings with us, to the Sites or your personal account.

By registering an account with Früt, or applying for the delivery service, you are consenting to receive electronic communications from Früt (e.g., email or updates regarding your delivery).

Notices may include, but are not limited to;

  • order confirmations;
  • delivery details;
  • password Changes (Account); and
  • any other transactional information.

All communications which are received from an authorized Früt domain will satisfy any legal communication requirements, including but not limited to, that such communications be in writing. As a courtesy, we urge you to maintain copies of all electronic communications from us in a “hardcopy” format or alternatively saving the “softcopy”.

By agreeing to these Terms, you consent to receiving promotional communications from us, for any transactional, promotional or informative reasons as we see fit. It is your right to opt out of receiving these promotional emails at any time by following the “unsubscribe” instructions provided therein.

Früt acknowledges that these communications may be tiresome and often unwanted. We therefore promise to only send information when and if necessary. We will NOT spam your email box, and will only provide relative and direct information for your gain.

  1. 4. Terms of Sale

Früt identifies a successful and acceptable sale being concluded from the time and date at which the Product or service arrives at the delivery address provided. The customer is to be aware that, as per the Term above, Früt is to take the residence or delivery address given to Früt as the customers preferred and tenanted residence.

You would need to ensure someone is at this address to accept the delivery of the Products. Said person is thereby an extension of you, as applicable, and has power of attorney of the acceptance of parcels delivered by an authorized Früt partner.

If no one is at the delivery address, Früt can not and shall not accept responsibility of the loss, as we are providing the service of delivery of perishable and temperature sensitive Products.

  • If access is denied at such delivery address, I.E. a gated complex, it is accepted that the security or the guarding personnel are an extension of you and may accept the parcel.

We have taken every measure possible to ensure that the product stays at a controlled temperature, and is delivered at an acceptable standard. Please ensure that the product is promptly placed into a freezer, if so needed, to ensure no degradation of the standard is experienced.

4.1 Payment and Billing Information

By providing Früt a credit card or other payment method accepted, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or any relevant Früt third party payment processor) to charge your payment method for the total amount of your purchase (which includes any taxes and other charges e.g., Delivery fee), (the mentioned charge will known as “Order”).

If payment can not be verified, is invalid or is otherwise not accepted, your Order may be suspended pending accepted payment, or cancelled. It is your prerogative to resolve and/or correct we encounter in order to continue with your Order.

 

 

 

4.2 Pricing and Availability

All prices on our Sites are shown in the South African Rand and applicable taxes and will include any taxes associated with the named Product. We reserve the right to alter, change or adjust the prices as we may determine in our sole discretion, at any time and without prior notice. The shipment of any of our Products, as applicable, to you will confirm that you accept the changes.

Our products are subject to availability, and we reserve the right to enforce quantity limits on any Order, to reject all or part of any Order, or to discontinue Product offerings. We will contact you if product is unavailable, if a product has been ordered, paid for and not received we will remedy the situation, once an investigation has been concluded, as applicable. Mistakes do happen from time to time, and so if there is a query or issue with your Order, please contact us at hello@frut.co.za, as applicable.

4.3 Shipping and Handling

If applicable, you agree to pay for shipping and handling charges shown to you at the time of processing your Order, and making payment. We reserve the right to increase, decrease, add or eliminate any charges pertaining to this shipping and handling cost, at our sole discretion. We will provide notice for the aforementioned, which will be served by the change in price on the online platform, I.E., the price of shipping and handling will be shown as a separate line in the itemized Order.

Shipping is handled by a third party courier. Products purchased from us are made pursuant to a shipment contract. In laments terms, this means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

4.4 Deliveries

You are responsible for inspecting all Products you receive from Früt for any damage or other issues upon delivery. This means that upon receipt of the product you are solely responsible for determining the freshness of the Products you receive, and the signature received will stand as agreement of the standard of the Product.

In the unlikely event that you are not in agreement with the standard of the Product, or you have concerns relating to the Product, contact us at hello@frut.co.za. Please include in your email, a photo of a time piece and Product in question, so that we may ascertain where the error, degradation of the Product has occurred.

As aforementioned, please ensure that the product is promptly placed into a freezer, if so needed, to ensure no degradation of the standard is experienced.

All measures are taken to ensure the standard of the product is within our acceptable range, when it arrives at your delivery address. Dry Ice will be placed into a polystyrene box, and sealed with tap, to ensure that the product remains in a frozen state. Depending on the season and temperature, the thawing process may increase in time and therefore it is your sole responsibility to plan in advance that someone is able to receive the product and the Product are stored properly.

 

 

In an event where delivery is not made possible, be it due to weather or event beyond our control, we will deliver your Order as soon as reasonably possible. We will communicate with you, in such an event, to find a solution and deliver date when suits you as well as Früt.

In the event that timely delivery is not feasible, we will subsequently cancel the Order and refund you. We will communicate with you the reasons, as applicable, and guide you through a way in which we can get the products to you.

4.5 Returns and Refunds

For any and all returns, or queries pertaining to dissatisfaction, please contact us at hello@frut.co.za within seven (7) days of the date you received the Product. We will take every measure possible to ensure that you are satisfied, given that you have not breached any of the Terms, and pending an investigation thereof; we will provide you with a either partial or full refund or replacement of the Product.

If you do not comply with the terms, you will be ineligible to receive a refund.

  1. License to Access and Use Our Sites and Content

All content on any of Früt’s Sites, and any other material contained therein, including but without limitation to, Früt’s logo and all designs, data, software, sound files, graphics, pictures, information, texts, User Content, other files and the selection and arrangement thereof (hereby known as “Content”) is the proprietary information of Früt or our authorized partners, licensors or users, as applicable, and are protected by the South African and international copyright laws. Unless otherwise provided with written consent from the owners of Früt, please do not use the Content.

Früt hereby grants you a limited, non-exclusive, non-transferable, authorization to access and use the Sites and Content. Authorization is subject to the Terms and does not include the right to:

  • sell, resell or use the Sites or Content for any commercial purposes;

 

  • display publically, perform or distribute in a public manner any Content;

 

  • modify, adjust or otherwise make use of any derivative of the Sites or Content, or portion thereof;

 

  • gather or extract any data through any methods, including but not limited to; data mining, robots or similar;

 

  • download any portion of the Sites or Content; and

 

  • use the Sites or Content other than for their intended purposes.

 

Any use of the Sites or Content other than specifically authorized herein, without prior written consent from an authorized Früt person, is strictly prohibited and will terminate in the authorization granted herein.

 

Such unauthorized use may also contravene any applicable laws, including but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly states by Früt, in a written format, nothing in these Terms shall be interpreted as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Früt or any third party, whether by estoppel, implication or otherwise. This authorization is revocable at any time, at our sole discretion.

  1. Trademarks

“Früt,” the Früt logo any other Product or services names, including but not limited to Früt Essential Taste, Früt SA and Frut, logos or slogans that may appear on the Sites or Products are directly linked to us and form part our proprietary property. Unless otherwise explicitly granted, in the form of writing, you agree not to use any reference to Früt using any of the aforementioned materials, and by making a reference, including but not limited product names. Any posts or publications you make in no way showcase our position or endorsement or sponsorship or recommendations by Früt.

  1. Third Party Content

From time to time we may display content, advertisements and promotions from third parties through our Sites or in shipments with Products (herewith referred to as Third Party Content). Früt does not control, sanction, approve or adopt any Third Party Content, and we make no representations or warranties of any kind with regards to such Third Party Content, including, but not limited to, regarding its accuracy or comprehensiveness. All interactions with Third Party Content is solely between you and such third party.

  1. User Conduct

By accepting these terms and conditions you agree not to violate any law, contract, intellectual property or third party right or commit a offence, and that you are exclusively responsible for your conduct, while accessing or using the Sites.

You agree that you will accept and adhere to these terms and will not:

  • engage in any form of harassment, threats, intimidation, predatory conduct or stalking;

 

  • use the Sites in any manner which could interfere with, disrupt, negatively impact or obstruct other users from fully enjoying the Sites or which could damage, disable or overstrain or impair the functioning of the Sites in any manner;

 

  • hack or reverse engineer any segment or aspect of the Sites or do anything that might discover source code or bypass or evade measures employed to prevent or limit access to any Content, area or code of the Sites;

 

  • attempt to evade any content-filtering systems or methods Früt has employed or attempt to access any unauthorized sections, areas or parts of the Sites;

 

  • develop any tertiary party applications which interact with the User, Content or Sites without explicit written authorization or consent;

 

 

 

  • utilize any robot, or derivative thereof, browser, extension or any other automated means or interface, not authorized by Früt, to access Sites, extract any data or Content or otherwise interfere with or modify the representation of Site pages and/or functionality;

 

  • use our Sites for any illegal or unauthorized purpose, including but not limited to, the encouragement or promotion of any activity that violates these Terms.
  1. User Content

Our Sites allow, in some features and areas, users to create, post, share or store content which includes but is not limited to:

  • recipes, Reviews, Photos, Videos, Music, Sound, Text, Graphics, Code, items or other material

Which shall herein be further referred to as “User Content”.

Should you wish to share your User Content with others through the Sites or third party platforms, you warrant that you are of sound understanding that this User Content can and will be visible by others in accordance with your respective privacy settings. You also agree that you, are solely responsible and accountable for your User Content, as well as all interactions with the areas of the Sites, as applicable.

You attest that you are aware that, and agree to not create post, share or store any of the below:

  • user Content that is unlawful, defamatory, obscene, of pornographic nature, socially indecent, lewd, suggestive, provocative, of any form of harassing nature, threatening or demeaning, invade or contravenes any of the privacy rights of others or ours, does not infringe on any of the publicity laws of South Africa, fraudulent, or otherwise objectionable;

 

  • user Content which would provoke, encourage or inspire any form of criminal activity or offence, violate the rights of any party, juristic and non juristic, or otherwise create any form of liability for any parties;

 

  • user Content which may infringe on any patent, trademark, trade secret, copy write or any other form of intellectual property or proprietary right of any party;

 

  • user Content that encompasses or represents any statements, remarks or claims that do not reflect your honest views and experiences;

 

  • user Content that misleads, impersonates or misrepresents your affiliation with, any person or entity;

 

  • user Content that contains any unwanted or unsolicited promotions, political campaigning, advertisements or solicitations;

 

  • user Content that contains any private or personal information of a third party without such third party’s consent;

 

  • user Content that references alcohol irresponsibly, or encourages irresponsible use thereof;

 

  • user Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or

 

  • user content that, in our sole discretion and judgement, is of questionable reasoning or otherwise objectionable, that restricts of inhibits any other person from using or enjoying the Sites or Products, or which may expose Früt or others to harm or liability of any type.

Früt has no obligation to screen or monitor User Content; however we reserve the right to remove, screen or edit User Content that is posted, shared, or created on the Sites at any time for any reason. You are solely responsible for any loss of User Content and the cost incurred thereof.

  1. Rights in User Content

Früt does not claim any ownership interest in your User Content. However, by uploading, posing or submitting User Content to the Sites or any other domain, page of feeds associated with Früt, including but not limited to social media platforms, you hereby grant Früt a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable right and license to use, replicate, change, alter, adapt, publish, translate, distribute and publicly display your User Content, whether it be in whole or part thereof, and your name, likeness, voice and persona in any manner media and for any purpose whatsoever at our sole discretion, for any means we deem appropriate, including but not limited to, advertising, promotion, trade or any other business related purpose.

By Uploading, publishing, posting or submitting User Content to Früt through all Sites and Platforms associated with Früt, inclusive of third party social media platforms, you agree to and warrant that:

  • such User Content is non-confidential;

 

  • you own and control all of the right to the User Content or have the right to post the said User Content;

 

  • you authorize Früt to use the User Content for the purposes described in these Terms;

 

  • yhe User Content is accurate and truthful, not misleading or harmful in any manner;

 

  • the User content, and the use and posting thereof, by you, does not and will not violate these Terms or any applicable law or regulation of any person, judicial or no judicial, South Africa or third party.

 

 


  1. Feedback

Separate to and apart from User Content, you are granted permission to submit any questions, comments, suggestions, ideas, original or creative materials or other information about Früt, the Sites or Products (hereby known as “Feedback”).

You warrant that you understand that the Feedback is non-confidential, and shall be come the sole property of Früt. Früt shall own the exclusive rights, including but not limited to, all intellectual property rights, and shall be entitled unrestricted use and distribution of said Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

  1. Indemnification

To the fullest extent of the law, you agree to indemnify, preserve and hold innocent Früt, and our respective past, present and future employees or stakeholders (including but not limited to, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent company’s, subsidiaries affiliates, agents, representatives, predecessors, successors and assigns (collectively as the” Stakeholders”) , from and against all actual or alleged Stakeholders or third party claims, damages, awards, judgements, losses, liabilities, obligations, penalties, interests, fees, expenses and costs of every kind and nature whatsoever, both known and unknown, foreseeable or unforeseeable, matured or unmatured, or suspected or unsuspected, in law or equity, whether tort, contract or otherwise (hereby known as the “Claims”). The before mentioned includes but is not limited to, damages to property or person, which are caused by, arise out of or related to:

  • the use, or misuse thereof, the Sites, Content, or Products by you or any third party you authorize to access the Sites, Content or Products and services tendered by Früt;

 

  • the User Content you create, post share though the Sites or any of our social or online platforms, or our printed media or informational send outs;

 

  • any Feedback you provide;

 

  • your Violation of these Terms; and

 

  • your violation of the rights of another.

In the even of any Claims, you agree to notify Früt, cooperate with the Stakeholders in defending such Claims and pay for the incurred fees, costs and all other  expenses linked to said Claims.

Furthermore, you agree that the Stakeholders shall have ultimate control of the defense or settlement of any third party Claims. This indemnity serves as an addendum to any other form of Indemnities set forth in a written agreement between you and Früt.

 

 

 

  1. Disclaimers

YOU ASSUME, AND ARE SOLELY RESPONSIBLE FOR, ALL RISKS RELATED TO THE PROPER HANDLING, STORAGE AND USAGE (INCLUSION OF CONSUMPTION) OF THE PRODUCTS WHICH YOU HAVE ORDERED, AND SUBSEQUENTLY RECEIVED, FROM FRÜT. YOU WARRANT THAT YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE, KNOWN AND UNKNOWN, AND CAN NOT HOLD US LIABLE FOR ANY HARM CAUSED WITH REGARDS TO THIS. YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO DO THE DUE DILIGENCE IN MAKING SURE THAT THE PRODUCTS DO NOT CONTAIN ANY HARMFUL ALLERGENS WHICH MAY AFFECT YOU, HOWEVER, IN THE EVENT THAT HARM DOES COME TO YOU AGREE THAT FRÜT CAN NOT BE HELD LIABLE FOR ANY DAMAGES CAUSED, OR HARM FOUND WITH REGARDS TO YOUR ALLERGIES. FURTHERMORE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE AND PROCESS SOME MAJOR ALLERGENS (INCLUDING BUT NOT LIMITED TO TREE NUTS AND DAIRY) AND THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION CAN OCCUR BETWEEN PRODUCTS.

WE HAVE TAKEN EVERY MEASURE AVAILABLE TO US TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU MAY NEED AS ACCURATELY AS POSSIBLE, INCLUDING PRICING. THIS BEING SAID, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON ANY OF OUR SITES, IN AN ORDER CONFIRMATION, IN THE PROCESSING OR DELIVERING OF PRODUCTS, OR OTHERWISE, THE RIGHT TO CORRECT, CHANGE OR REVISE YOUR ORDER (INCLUDING THE CHARGING OF THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE WITH A REFUND. IN ADDITION TO THE ABOVE, YOU AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE MAY VARY FROM PREVIOUS ORDERS, WHAT HAS BEEN DISPLAYED ON THE SITES, DUE TO A NUMBER OF FACTORS, WHICH INCLUDE BUT ARE NOT LIMITED TO, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER OR MOBILE DEVICE, MANUFACTURING PROCESS OR SUPPLY ISSUES AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS WHICH ARE SUBJECT TO GEOGRAPHICAL LOCATION AND ARE THEREFORE NOT AVAILABLE IN EVERY SERVICED LOCATION. A REFERENCE OR ADVERTISEMENT OF PRODUCTS DOES NOT IMPLY OR GUARANTEE THAT THE PRODUCT IS IN STOCK OR AVAILABLE IN YOUR LOCATION AT ANY GIVEN TIME.

WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT, AS WELL AS MODIFY, SUSPEND OR STOP PROVIDING ACCESS TO THE SITES AND THE PRODUCTS AT ANY TIME WITHOUT NOTICE AND WITHOUT OBLIGATION OR LIABILITY TO YOU. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, PRODUCER, SUPPLIER, MERCHANT, OR OTHERWISE DOES NOT CONSTITUTE OR SUGGEST ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY ASSOCIATION OR AFFLIATION THEREWITH, BY US.

  1. Limitation of Liability; Release

TO THE FULLEST EXTENT OF THE SOUTH AFRICAN LEGISLATION, IN NO EVENT SHALL FRÜT STAKEHOLDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DECREASE IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY RELATED TO THE ACCESS OR USE OF OUR SITES OR CONTENT (INCLUDING BUT L=NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO, ANY DAMAGES CAUSE BY OR RESULTING FROM RELIANCE OF ANY INFORMATION OBTAINED FROM ANY FRÜT STAKEHOLDERS) OR FROM EVENTS OUTSIDE REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO SITE DISRUPTIONS, LOSSES OF FILES, DEFECTS, OVERSIGHTS, VIRUSES, TROJAN HORSES, POSTPONEMENTS IN OPERATIONS OR TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE, WHERE OR NOT RESULTING FROM ACTS OF GOD, THEFT, DESTRUCTIONS OR UNLICENSED ACCESS TO THE FRÜT STAKEHOLDERS RECORDS, PROGRAMS OR SYSTEMS, REGARDLESS OF THE FORM OF ACTION OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT OF THE LAW, OF SOUTH AFRICA, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE FRÜT STAKEHOLDERS (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF THE PRODUCTS OR SERVICES TENDERED FROM FRÜT EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY, EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE FRÜT SHAREHOLDERS SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR REASONABLE NOTION.

TO THE FULLEST EXTENT OF THE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, COMMISSIONERS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, SURRENDER, ACQUIT AND FOREVER DISCHARGE THE FRÜT SHAREHOLDERS AND STAKEHOLDERS FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH FRÜT PARTY FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.

THE LIMITATIONS SET HEREIN, SECTION 14, WILL NOT LIMIT NOR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS PURCHASED FROM FRÜT, OR FOR OUR FRAUD, GROSS NEGLIGENCE OR DELIBERATE, CONSCIOUS, MALICIOUS OR RECKLESS MISCONDUCT.

  1. Modifications to the Sites and Products

It is herewith stated that we reserve the right, in our sole discretion, to modify, suspend or discontinue, be it temporarily or permanently, the Sites (in full or part thereof) or the provision of the Products at any time, without prior notice.

  1. Governing Law

The laws of South Africa shall provide the directive with regards to these Terms, your access of and use of the Sites, and your order, receipt and use of Products and services tendered by Früt, without regard to conflict of law rules and principles (whether of South Africa or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

  1. Termination

Notwithstanding anything contained in theses Terms, Früt reserves the right, without prior notice and in our sole discretion, to terminate your right to access or utilize the Site, Products or services tendered by Früt, at any time, for any reason. You acknowledge that we shall hold no liability, responsibility or obligation to you in such an event that you will not be entitled to a refund of any amounts you have paid to us, the fullest extent permitted by the applicable South African Law.

 

 

  1. Severability

In the event where any of the terms, clauses or provisions provided in this Term is held invalid or unenforceable, then that term, clause or provision will be severable, alone, from and of these Terms and will not affect the validity of, or the enforceability of any of the remaining terms, clauses or provisions of these Terms.

  1. Survival

The following sections will survive the expiration or termination of these Terms: all defined terms and Sections 1, 3, 4, 5 (first paragraph only), 6 through 20.

  1. Miscellaneous

These Terms serve as the entire agreement between your and Früt with regards to your access to, and the use of the Sites, and your order, receipt and use of Products.

These Terms, and any rights and licenses authorized hereunder, may not be transferred or assigned by you in any circumstance, unless explicitly dictated in written consent, as a special occurrence, and not the norm.

No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, current or subsequent circumstance, or occasion, and Früt’s failure to assert any right or provision under these Terms shall not serve a waiver of such right or provision.

Unless otherwise provided herein, these Terms are intended for the benefit of all relevant parties and are not intended to confer third party beneficiary rights upon any other person or entity.

"" was added to wishlist