My Cart Items: 0
Total: R0

Food Shed's Terms of Use Agreement

When using the foodshed.co.za website ("Food Shed" or the "website"), you (the "user" or "you") agree to the following terms and conditions. Prior to signing up to use the website, you must read and accept all the terms and conditions contained in this Agreement. It is effective on January 2011 for any current users, and upon acceptance for new users. If you do not agree to our Terms of Use, you can not use the site or services.

1. Definitions

  • We/us refers to the owners, directors and employees of the Food Shed (foodshed.co.za) website;

  • The website refers to foodshed.co.za

  • By user we mean any person or entity who accesses the site;

  • As a member, we mean any natural or legal person who has registered with the site in order to use the services;

  • By member account, we refer to the private space on the site reserved for each member. It is accessible by password and username;

  • By buyer, we mean any member who uses the site to respond to offers of product sales;

  • By seller, we refer to any producer that has registered with the site to sell their goods in accordance with the charter.

  • For ordering, we refer to completion of the checkout process, after adding items to your virtual basket.

  • The purchase price, we mean the financial amount paid to producers by the purchaser to obtain a product.

2. Site Description

Food Shed acts as a venue to allow users who comply with our policies, to offer and order certain food and food related goods. Food Shed is not directly involved in the transaction between buyers and sellers and as a result, Food Shed has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. Food Shed does not pre-screen users or the content or information provided by users. Food Shed cannot ensure that a buyer or seller will actually complete a transaction.

3. Membership

The site consists of a public space and private space for members. The public space provides information on items available from the producers listed on the site. The private area is the portion of the site accessible after authentication. It allows members access to modify personal information, place orders and add comments. Sellers also have an area to manage their products and to create pricelists for any buyer they have a trade association with.

4. Conditions of registration

Age: The website services may only be used by individuals who are aged 18 years and older, who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with, and under the supervision of, a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Password: Membership allows access, via a password, to the private area of the site. The member agrees to keep the password confidential for their member account. The member account and password are personal and can not be shared, disclosed or transferred to any other person or entity. Members acknowledge and agree to be solely responsible for all uses of your password and account. Members agree to be responsible for any consequences or obligations arising from the use of its password and account, by a third party. Any use of the service specific to the member is deemed to have been made by the member.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your Food Shed account and User ID to another party.

Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to suspend or terminate accounts without notice on behalf of a member for any reasons specified below:
  • Violation of any provision of the Terms of Use Agreement or other regulations;
  • False personal data;
  • Dissemination of illegal content (including pornography, defamation, violation of image rights, discrimination, incitement to violence or racial hatred, religious or ethnic);
  • Violating decency;
  • Use, copying or distribution of works protected by copyright without permission;
  • Misuse or fraudulent use of collaboration tools (comment spam, spam clicks etc.).
  • Non-payment of fees (levied to sellers only).

5. Pricing and payment

Access to and use of the site as a buyer is totally free.
Seller accounts are provided for a fee. Membership as a seller may terminated at any time, but requires 1 calendar month notice in writing.

We may at any time modify our policy on rates for new members.

6. Responsibilities of Food Shed

6.1 The role of the website

Food Shed is not a sales company. Food Shed hosts only the content posted by producers (texts, images, etc.). The site is therefore an electronic platform bringing together producers and buyers. We do not in any event control the quality, safety or legality of the products listed, the truth or accuracy of online listings, the ability of producers to sell said products or the ability of buyers to buy or pay for said products. We can not ensure that the buyer or seller actually concludes the transaction.

6.2 Disclaimer

Since Food Shed is not involved in the financial transactions between producers and buyers, dispute or claims between members is outside of Food Shed's responsibility.

6.3 Limitations of responsibility

If you use the site, you agree that we are not responsible for the acts or omissions of users and accept the risks described in these Terms of Use and this section.

We give no warranty regarding the operation and hardware and software used either on the hosted sites, servers or access the Internet and are not responsible for damage expected or not, real or not, resulting from the use of site.

We do not approve or validate transactions at the site and the members and users are solely responsible for the legality of their actions.

We accept no liability for any hazardous products listed on the site, which would impair health or physical integrity. Producers (Sellers) are solely responsible for monitoring and verifying that the products offered on the site are without health damage.

We make no representations or warranties, express or implied, regarding the site, offers of sale, presentation or content, including the warranties of merchantability, non-infringement of copyright, trademarks or other intellectual property rights, freedom of all services, works or other material content, against viruses, worms, Trojan horses or other code-featured hostile, disruptive or destructive.

Notwithstanding the provisions of the preceding paragraph, we can not be held responsible for any loss or corruption of data, any loss of profit, revenue, time, opportunity or other indirect that such loss or damage resulting from negligence or any other cause.

7. Resolution of Disputes

In the event a dispute arises between you and Food Shed, please contact us.

Should you have a dispute with one or more users, or an outside party, you release Food Shed (and Food Shed directors and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

For the benefit of users, we may try to help users resolve disputes. Food Shed does so in our sole discretion, and with no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, Food Shed will do so in good faith based solely on our policies.

8. Taxes and regulations

Members (sellers and buyers) are solely liable for all taxes resulting from the use of our services and the website.

Whether you are a corporation (company) or natural (individual), a producer or a purchaser, VAT may be applicable to your transactions based on their frequency. Other taxes could also apply. Site members expressly acknowledge and agree that the VAT and other taxes and charges may apply to their situation in accordance with the applicable legislation in force.

9. Obligations of Sellers

9.1 Products Sold

Producers can sell (against payment or not) products they grow or prepare themselves. The seller must be the producer or be the producers designated contact for a region that the producer can not personally service.

All producers and products must adhere to the conditions given in the Producers Charter.

9.2 Where to buy

Producers can sell products from the place of production and can also sell the products from any markets where they attend. The producer can also deliver orders directly to the buyer, or to repositories managed by traders or individuals where buyers will pick up their order.

In summary, producers can offer the following reception points for their products:
  • The place of production;
  • Address of buyer (via delivery themselves or by post/courier);
  • Markets that the producer attends;
  • Repositories at a mutually agreed location.

9.3 Product Quality

Producers agree to sell products that are fresh, healthy and fit for consumption. The producers are also committed to comply with legislation specific to the production of the products they sell, including legislation on the protection of the environment, labour rights and safety of the food chain.

9.4 Offer to sell

By listing an item on the site you warrant that you and all aspects of the item comply with Food Shed policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Food Shed shop. Your listings may include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

9.5 Product Price

The price to be paid by the buyer will be the price displayed to them at time of order. The website allows various pricing schemes to be matched with member profiles and prices may change when a relationship has been created between producers and buyers.

9.6 Payment

Payment criteria will be confirmed by the seller on receiving an order. The payment transaction therefore involves only the buyer and producer. It is under the sole responsibility of the buyer and producer and is outside of the website’s remit.

9.7 Orders are binding

All orders are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity.

10. Geotagging and Privacy

One of the value-added features of the website is searching for products via a geolocation tool and therefore requires the buyer to submit address details.

The addresses of buyers will never be made publicly available and will be released only by the buyer himself during a checkout procedure of a product if they require delivery.

11. Using External Applications

Using the Google Maps application to find producers geographically is subject to the implicit acceptance of the Terms of Use Google Maps (http://maps.google.fr/help/terms_maps.html). The information obtained through Google maps are provided for information only.

12. The Website

The Food Shed brand is the exclusive property of the authors. Reproduction of the website without written consent is prohibited.

Food Shed does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control.

13. Use of Personal Data

To enable us to use information you give about yourself or your company, you expressly grant us through the use of the website, a non-exclusive, free and transferable right to use the information provided by yourselves, so that we can provide our services.

To allow interaction between all members, our system gives access to contact information of other users. By accepting these Terms of Use, you agree to use the personal information of other users provided via the website for sales transactions or communications pertaining to transactions only.

We and other users do not permit spam or other unsolicited commercial messages. Therefore, you can not add to your mailing list (email or regular mail) a member or a user without their prior written consent and without clear notification, even if that user purchased a product. Please report spam issues to us via the contact details given on the website.

Furthermore, we are expressly authorised to disclose personal information in order to be able to respond to legal requirements, enforce our rules, responding to a claim based on the fact that a particular advertisement or other content violates the rights of others or to guarantee the rights, property or safety of others.

14. Relations between the parties

We and our members are independent parties, each acting on its behalf and for its own account. These Terms of Use do not create any relationship of subordination, agency, joint venture, employer / employee or franchiser between us and the user or member.

15. Applicable law

These Terms of Use are governed by and construed in accordance with the laws of the Republic of South Africa.

Should one or more articles contained in the Terms of Use be considered illegal, unenforceable or inapplicable by a court, other sections of these Terms of Use remain in force.

16. Various stipulations

The website contains links to other sites and is not responsible for the privacy practices or the practices of other websites.

When a member or site user clicks on a link to another website, the member or the user is required to read the privacy policy of that site.

We are not responsible for the interactions between members. Site members may be individuals or professionals.

By using this site, you agree to abide by all applicable national and international regulations regarding the use of our services and your activities on the site. If you are a retailer, you are subject to certain specific obligations, such as payment of VAT and other taxes. Moreover, as a trader, or more generally if you use the site as a professional trader, you must comply with regulations regarding billing and generally all the rules of consumer law.

No waiver of these Terms of use is permitted, except in writing and upon signing a new contract between us and you.

17. Changes to service

We reserve the right to modify or terminate the website for any reason, without notice, at any time. We reserve the right to alter these Terms of Use or other Site policies at any time. In such an event, we will inform registered users of changes.