1.1 Your use of the Fresh Projects service is governed by this agreement (the "Terms"). "Fresh Projects" means Fresh Projects Pty Ltd, located at 152 Chapel Avenue, Bryanston, Gauteng, 2091, South Africa, and its subsidiaries or affiliates involved in providing the Fresh Projects Service. The "Fresh Projects Services" means the services Fresh Projects makes available through this website, including this website, the Fresh Projects cloud computing platform and any other software or services offered by Fresh Projects in connection to any of those.
1.2 In order to use the Fresh Projects Services, you must first agree to the Terms. You can agree to the Terms by actually using the Fresh Projects Services. You understand and agree that Fresh Projects will treat your use of the Fresh Projects Services as acceptance of the Terms from that point onwards.
1.3 You agree your purchases of Fresh Projects Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Fresh Projects or any of its affiliates regarding future functionality or features.
2.1 You must provide accurate and complete registration information any time you register to use the Fresh Projects Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Fresh Projects immediately.
2.2 Your use of the Fresh Projects Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Fresh Projects Services by any means other than through the interface that is provided by Fresh Projects in connection with the Fresh Projects Services, unless you have been specifically allowed to do so in a separate agreement with Fresh Projects, or (b) engage in any activity that interferes with or disrupts the Fresh Projects Services (or the servers and networks which are connected to the Service).
The Company uses Data About Fresh Projects Customers to perform the services requested. For example, if you fill out a “Contact Me” Web form, the Company will use the information provided to contact you about your interest in the Services.
Fresh Projects uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company’s Web site (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information that may be collected on the Company’s Web site and how this information may be used.
4.1 Subject to the Terms, some of the Fresh Projects Services are provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services will be made available to you on request.
4.2 For all purchased resources and services, we will charge you on a monthly basis or at the interval indicated in Fresh Projects fees and payment policies, if different. Late payments may bear interest at the rate of prime plus 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and legal fees Fresh Projects incurs collecting late amounts. Charges are solely based on Fresh Projects's measurements of your use of the Fresh Projects Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Fresh Projects and only in the form of credit for the Fresh Projects Services. Nothing in these Terms obligates Fresh Projects to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Fresh Projects may be shared by Fresh Projects with companies who work on Fresh Projects's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Fresh Projects and servicing your account. Fresh Projects may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Fresh Projects shall not be liable for any use or disclosure of such information by such third parties. Fresh Projects reserves the right to discontinue the provision of the Fresh Projects Services to you for any late payments.
4.3 Fresh Projects may change its fees and payment policies for the Fresh Projects Services by notifying you at least thirty (30) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Fresh Projects may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
5.1 You agree that Fresh Projects, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Fresh Projects Services.
6.1 Fresh Projects is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Fresh Projects Services which Fresh Projects provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the Fresh Projects Services will be effective with respect to all versions of the Fresh Projects Services; examples of changes to the form and nature of the Fresh Projects Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
6.2 You may terminate these Terms at any time by canceling your account on the Fresh Projects Services. You will not receive any refunds if you cancel your account.
6.3 You are solely responsible for exporting your Content from the Fresh Projects Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content.
7.1 Nothing in these terms, shall exclude or limit Fresh Projects's warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
7.2 You expressly understand and agree that your use of the Fresh Projects service is at your sole risk and that the fresh projects services are provided "as is" and "as available."
7.3 Fresh Projects, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the fresh projects services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, fresh projects, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the fresh projects services will meet your requirements, (b) your use of the fresh projects services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the fresh projects services will be accurate.
8.1 Subject to section 7.1 above, you expressly understand and agree that fresh projects, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
8.2 The limitations on Fresh Projects's liability to you in paragraph 8.1 above shall apply whether or not fresh projects has been advised of or should have been aware of the possibility of any such losses arising.
9.1 You agree to hold harmless, defend and indemnify Fresh Projects, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Fresh Projects and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Fresh Projects Services, (c) your violation of applicable laws, rules or regulations in connection with the Fresh Projects Services, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Fresh Projects will provide you with written notice of such claim, suit or action
10.1 The Fresh Projects Services may include hyperlinks to other web sites or content or resources or email content. Fresh Projects may have no control over any web sites or resources which are provided by companies or persons other than Fresh Projects.
10.2 You acknowledge and agree that Fresh Projects is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that Fresh Projects is not liable for any loss or damage which may be incurred by you or your End Users as a result of the content or availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11.1 Fresh Projects may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
11.2 You understand and agree that if you use the Fresh Projects Services after the date on which the Terms have changed, Fresh Projects will treat your use as acceptance of the updated Terms.
12.1 Except to the extent you and Fresh Projects have entered into a separate written agreement that is expressly intended to supersede these Terms either in whole or in part, the Terms constitute the whole legal agreement between you and Fresh Projects and govern your use of the Fresh Projects Services (but excluding any services which Fresh Projects may provide to you under a separate written agreement), and completely replace any prior agreements between you and Fresh Projects in relation to the Fresh Projects Services.
12.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
12.3 If Fresh Projects provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
12.4 You agree that Fresh Projects may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Fresh Projects Services. By providing Fresh Projects your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
12.5 You agree that if Fresh Projects does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Fresh Projects has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fresh Projects's rights and that those rights or remedies will still be available to Fresh Projects.
12.6 Fresh Projects shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
12.7 The Terms, and your relationship with Fresh Projects under the Terms, shall be governed by the laws of South Africa without regard to its conflict of laws provisions.
12.8 You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Fresh Projects (not to be unreasonably withheld).