User terms & conditions

(User “Terms”)

These Terms were first posted on 1st February 2025 and are effective immediately.

Thank you for using Refreshi.

1. Joining the Refreshi movement

1.1 We dream of a planet where everyone has access to affordable, quality food. Refreshi’s mission is to bring new life to surplus food and help to provide more affordable meals in South Africa. Our mobile application (referred to as the “Refreshi App” or simply the “App”) helps businesses and consumers by saving food that would otherwise have gone to the bin. With your use of the App you’re contributing to the goal of ensuring that all food produced is food consumed.

1.2 To support the goal we try to keep it simple and we provide an easy concept by which we empower consumers, like you, that use our App, collectively “users” (in these User Terms we refer to you as “you” or “user”) to save surplus food from retail and food service businesses like super markets, bakeries, canteens, restaurants, coffee shops and other businesses with surplus food (each a “Store”). Stores offer surplus food by listing a quantity of bags on the App they will fill with their surplus food and make available to be purchased by you (we call each of these bags a “Surprise Bag”). Our App helps you to find Stores in your area so you can order a Surprise Bag (or more) for yourself.

1.3 As you use our App keep in mind, Refreshi does not own, control, offer, or manage the contents of any Surprise Bag made available by Stores for purchase. Refreshi is also not a party to the sale of the food that Stores provide to you in a Surprise Bag.

2. What’s covered in these Terms

2.1 These Terms constitute a binding legal agreement between you and Refreshi that govern your use of the Refreshi App and any website operated by Refreshi (collectively, the “Refreshi Marketplace”). By accessing or using any part of the Refreshi Marketplace, you accept, without limitation or qualification, these Terms. If you do not agree with these Terms, you are prohibited from using any portion of the Marketplace. Please note that the registration of an Account (as defined below) requires your express acceptance of these Terms.

2.2 These Terms reflect the way that Refreshi works and among other things, the obligations that apply to our relationship with you. As a result, these Terms help define our relationship with you as you interact with us and use our Refreshi Marketplace. For example, these Terms include:

• What you can expect from us and the Refreshi Marketplace.
• What we expect from you, which establishes certain rules for using the Refreshi Marketplace.
• What to expect from Stores, which covers the basics of the interaction between you and Stores through the Refreshi Marketplace.

2.3 Understanding these Terms is important because, by using the Refreshi Marketplace you’re agreeing to these Terms. These Terms include all operating policies that are referred to herein (as such policies may be amended from time to time), including without limitation our Cookie Policy and our Privacy Policy that applies in South Africa.

By accepting these Terms, you confirm that you have read and accepted our Privacy Policy.

3. Using Refreshi

3.1 How to save a meal by using the Refreshi Marketplace.

The App provides a simple method for you to save meals in 4 easy steps:

• A Surprise Bag is made available by a Store that uses Refreshi for purchase by consumers like you.

• A list of Stores with available Surprise Bags will be displayed to you in the App. Please note that a list based on your location can only be displayed if you allow the App to use location services where the App can access your location when you use the App.

• You place an order for an available Surprise Bag from a Store you select in the App.

• You Collect your ordered Surprise Bag at the relevant Store during the time period provided by the Store (see 3.5 below for Collection details).

3.2 User Account.

Your Refreshi user account is where you manage the details of your relationship with us and use the Refreshi marketplace to make orders with Stores. You must register and create an account by providing us with all the information we require during account registration or anytime after (“Account”) on the App. You must keep your Account information complete, accurate, and updated at all times. Any failure to provide or maintain this information may interfere with our ability to provide our services to you.

3.2.1 You should never:

• Select or use as a username a name of another person with the intent to impersonate that person.
• Use as a username a name subject to any rights of a person other than you without appropriate authorization.
• Use as a username a name that is otherwise offensive, vulgar, or obscene.
• Use another person’s Account or registration information.
• Share your Account with others.
• Publish, distribute or post login information for your Account or another’s.

3.3 Orders.

You may purchase Surprise Bags available for sale by a Store by placing an Order with a Store you select via the App (each an “Order”). A list of active Stores with available Surprise Bags can be found on the App.

The list of Stores displayed to you is based on various criteria that you can filter for example by geographical location, Collection time, or other options made available in the App from time to time.

Keep in mind these two points:

• By making an Order you reserve a Surprise Bag which may potentially be available from a Store. An example of when a bag you order is not available is when a Store does not have the quantity of surplus food available they originally projected, the Store may therefore cancel the order (see 3.6 below).
• An Order is not a purchase; rather it’s an offer by you to the Store to reserve a Surprise Bag potentially available for Collection at the Store. The purchase of a Surprise Bag takes place upon Collection (see 3.5 below) at which time the purchase is exclusively concluded between you and the Store.

3.4 Order Confirmation.

Once we receive the Order via the App, we will begin processing it by sending the Order to the relevant Store. We will notify you that the Order has been received and provide you with an order identification number (each an “Order Confirmation”) that is redeemable for a Surprise Bag at the applicable Store. It is your responsibility to ensure that the Order Confirmation in the App can be shown to the Store and swiped by you upon Collection.

3.5 Collection.

You must retrieve the Surprise Bag ordered on the App at the designated location during the time period stated on the App and in the Order Confirmation (“Collection”). Upon Collection, you will be required to show your Order Confirmation in the App to the Store, after which the Store will hand out the ordered Surprise Bag upon you swiping the receipt in the App. You should always make sure that the Surprise Bag handed out corresponds to your Order. If you do not Collect the Order within the time period set out in the Order Confirmation, the Surprise Bag may no longer be available and we will be entitled to charge you for the Order Price (as defined below).

3.6 Order cancellation.

Occasionally, Stores might not have the surplus food they originally anticipated or the surplus food may not be satisfactory to you. For these reasons, and others, Orders may be cancelled by you, by Stores, and by Refreshi.

3.6.1 Cancellation by you

You have the right to cancel an Order via the App within two (2) hours before the beginning of the agreed time of Collection.

3.6.2 Cancellation by Store

Generally, and in the unlikely event that a Store needs to cancel an Order, Stores may cancel your Order until fifteen (30) minutes before the beginning of the agreed time of Collection. However, at times a Store may cancel later than fifteen (30) minutes before the Collection time if needed (for example, if the Store sells out of the food they anticipated to be surplus at the time of Collection). If a Store cancels your Order, you will receive a cancellation notification via email, SMS, and/or the App provided you provided the correct contact information to us and that you agreed to receive such notifications.

3.6.3 Cancellation by Refreshi

Orders may be cancelled by us at our sole discretion when necessary, like in the event of a recall, dispute, or other matter we think requires that action to be taken.

4. Contents of Surprise Bags

4.1 Refreshi’s role. 

As the provider of the Refreshi Marketplace we have no insights into the contents of Surprise Bags. We do not own, control, touch, offer, or manage any listings of Surprise Bags that Stores make available via the App. We do not manufacture, sell, purchase, store, prepare, produce, process, mark, pack, deliver, or handle the Surprise Bags. We accordingly have no responsibility or liability for the contents of the Surprise Bag (including the quality, ingredients, and allergens), for the information provided by the Stores or for the availability of information regarding the Surprise Bags on the App. We are exclusively an intermediary and as a result we are not a party to the sale of the food Stores provide to you in Surprise Bags. If you have any questions regarding Surprise Bags displayed on the App you should contact the relevant Store. The Store’s contact information will appear on the App.

4.2 Store’s role. 

Upon Collection and prior to swiping the Order Confirmation, the Store is responsible for providing you with information regarding the list of ingredients, allergens, and other labelling-related information as well as the actual contents regarding the Surprise Bag. We are not responsible for any ingredient, allergy, caloric, or other nutritional information provided by the Stores or otherwise found on the App nor will we assume any liability for any adverse reactions from content in the Surprise Bag for any reason. It is yours and the Stores’ responsibility to confirm whether any allergens are present in the Surprise Bag. If you are in doubt about allergy warnings, contents of a Surprise Bag or any other information, you should confirm with the Store directly before the conclusion of the Collection window.

5. Price, payment, refunds

5.1 Price. 

The Surprise Bags’ stated value on the App is a minimum value had the Surprise Bag not been sold as surplus food. All prices are indicated in Rand.

5.2 Refreshi as Store’s agent for collecting payments. 

The Order Price you pay is collected from you by us via the App on behalf of the Store. Stores have entered into a service level agreement with Refreshi to receive payments from you on their behalf in full discharge of your payment obligation for the Surprise Bags you Order and the Stores sell to you.

5.3 Packaging and other fees. 

In some locations mandatory regulation requires adding a packaging fee or other fees for Surprise Bags. If applicable, such fee(s) will be displayed in the App.

5.4 Payment process. 

The payment flow may vary slightly depending on the selected payment method due to internal processes at the payment provider, but the flow described below is the typical flow associated with most credit cards issued by a South African commercial bank. Upon placing an Order, the price listed on the App by the Store for the Surprise Bag (“Order Price”) is reserved to the payment method in your Account and completing an Order in the App authorises us to reserve the Order Price to the selected payment method. The Order Price is charged to your Account upon Collection or at the end of the Collection time if the ordered Surprise Bag is cancelled outside the parameters of 3.6.1 above. If an Order is cancelled in accordance with section 3.6 of these Terms, the amount reserved will be released or refunded to you if you were already charged without any other compensation owed to you (unfortunately some payment methods trigger immediate charge of the Order Price due to the payment provider’s internal processes). Refreshi may amend, modify, or restructure the payment procedure for its users at any time, as it deems reasonable.

5.5 Payment method. 

When completing an Order the Order Price will be reserved on the payment method (e.g. credit card) you have associated with your user profile in the App. You can pay with accepted debit and credit cards or by other payment methods made available on the App. If using a debit or credit card, you must provide all required information such as your card number, expiration date, security code and other details we may reasonably require. Any such information will be collected, stored and processed by Refreshi’s payment service provider, and Refreshi does not have access to the information.

5.6 Refunds. 

At times we may refund users at our discretion to resolve issues like complaints and recalls. When we do, we may provide refunds to users for some or all of the amounts collected in connection with an Order or Collection. All refund requests must be submitted to us within 24 hours of the end of the Collection window for the Order. You will not be entitled to a refund if you submit a refund request to us after 24 hours following the date of the end of the Collection window for the Order.

6. User complaints

6.1 Complaints should be submitted through the Help Center in the Profile section of the App before taking any other action. You must include the reason you are unsatisfied and any other information reasonably requested by us. After receiving the complaint, we will process the complaint within 7 days in accordance with our internal complaint practices and when needed in cooperation with the Store. These Terms do not limit the means otherwise available to you to resolve any dispute you have with the Store under applicable law.

7. Your responsibilities

7.1 We can’t cover everything here but we’ve highlighted a few areas that are an important part of your relationship with Refreshi. As you use our App keep in mind, you are always responsible for the activity that occurs on your Account, and are required to notify us immediately of any change in your eligibility to use or access the App, or any breach of security or unauthorized use of your Account.

7.2 As a condition to use the App and access your Account you are required to comply with all laws and regulations that apply to you at all times in connection with your use of the Refreshi Marketplace.

7.3 Your behavior. 

You are expected to show respect for the Store’s guests and personnel, as well as Refreshi’s personnel. If you act inappropriately towards a Store, other consumers of the Store or Refreshi, or if you commit a crime against or in the Store in connection with the Refreshi Marketplace, or violate the code of conduct rules (or similar) of the Store or Refreshi or any other similar behavior, Refreshi may, ban, exclude or suspend you from the App. The intervention of Refreshi does not deprive the Store of the means and rights at its disposal to obtain possible reparations or other remedies.

7.4 Reviews. 

At times you may have the opportunity to review Stores that you made Orders with on the App. Any reviews that you submit through the App must be accurate and never contain any discriminatory, offensive, or defamatory language. Refreshi doesn’t verify the reviews provided by you or any other consumers that use the App. So, please keep in mind any reviews you may see displayed in the App may be inaccurate, incorrect, or misleading.

7.5 Refreshi Rules of Conduct.

When using the App and accessing your Account you acknowledge that you are responsible for all of your activity in connection with the Refreshi Marketplace which includes your acknowledgment and agreement with the following:

• Not to use the Refreshi Marketplace for any illegal purpose or any other purpose that is prohibited by these Terms.
• You are an adult with the requisite ability to enter into commercial agreements.
• You will pay in full for the Surprise Bags you Order through the App and Collect.
• You will only place Orders that you intend to Collect.
• You will not use the App to research Stores or the pricing of Stores.
• You will not engage in inappropriate behaviour towards: (i) a Store including its agents or employees; (ii) another consumer of a Store; or (iii) Refreshi – including its owners, directors, managers, agents, or employees.
• You acknowledge and agree that you have not created other Refreshi Accounts that have been suspended or terminated by Refreshi for violations of our terms, policies, or applicable laws or regulations.
• You will not use any automated systems, robots or software to extract data from the Refreshi Marketplace.
• You will not (nor permit any third party to) (a) take any action; nor (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Marketplace that: (i) you know is false, misleading, untruthful or inaccurate; (ii) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (iii) impersonates any person or entity; or (iv) includes anyone’s identification documents or sensitive financial information.
• You will not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Refreshi Marketplace or any activities conducted on the Refreshi Marketplace; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Refreshi Marketplace (or other accounts, computer systems or networks connected to the Marketplace); (iv) run any form of auto-responder or “spam” on the Marketplace; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Refreshi Marketplace; or (vi) harvest or scrape any content from the Refreshi Marketplace.
• You will not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Refreshi Marketplace (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Refreshi Marketplace; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
• You will abide by all applicable laws and regulations in connection with your use of the Marketplace.
• You will not access or use the Refreshi Marketplace if you are a direct competitor, or an agent of Refreshi’s direct competitor, except with Refreshi’s express prior written consent.
• You will not access the Refreshi Marketplace for any commercial purposes (including for the purposes of copying or reproducing any material or content on the Refreshi Marketplace, monitoring the availability, performance or functionality of the Refreshi Marketplace, or for any other benchmarking or competitive purposes).

8. Data use and privacy

8.1 Refreshi values your privacy and works to ensure that it’s protected when using our Marketplace. When you use the Marketplace we collect and process personal data about you. You can read more about how we collect and use personal data in our Privacy Policy on our website.

9. Indemnity and Limitation of Liability

9.1 You agree to indemnify, defend and hold harmless Refreshi and its parents, subsidiaries and affiliates, along with their directors, officers, employees and contractors from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to your: (i) use of the Refreshi Marketplace; (ii) breach of these Terms; and (iii) violation of applicable law or regulation.

9.2 Refreshi shall not be liable for any losses or damages arising out of or in connection with the following: (i) acts or omissions of a Store or third party including but not limited to the contents of Surprise Bags; (ii) your use of the Refreshi Marketplace; (iii) availability of the Refreshi Marketplace or Surprise Bags; (iv) content of sites to which the Refreshi Marketplace links; and (v) circumstances outside of Refreshi’s control.

9.3 To the maximum extent permitted by law, Refreshi shall not be liable for indirect or consequential damages. To the maximum extent permitted by law, Refreshi shall not be liable for any damages exceeding the amounts Refreshi collected from you for the Surprise Bags you purchased in the 12 months preceding the first event that gave rise to your claim.

10. Intellectual property

10.1 The Refreshi Marketplace and the services we offer via the App, including all underlying technology, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logo, and other intellectual property or proprietary rights contained therein, are and remain our sole and exclusive property except for content owned by third parties who have authorised Refreshi to display content. Except as expressly set forth in these Terms, no licence or any other right is granted to you.

10.2 By using the Refreshi Marketplace, you agree not to copy, distribute, modify, or make derivative works of any content without our prior written consent. The Refreshi Marketplace nor any part of the Refreshi Marketplace may be reproduced or stored in any other system or platform or included in any public or private electronic retrieval system or service, without Refreshi’s prior written permission.

10.3 Feedback. 

If you provide ideas or suggestions regarding the Refreshi Marketplace, advertising or promotions, merchandising of Surprise Bags, additions to our services or changes in methods of doing business (“Feedback”) we are free to fully exploit such Feedback. You understand and acknowledge that we shall exclusively own all known or hereafter existing rights to the Feedback everywhere in the world, and that such Feedback is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and to the extent necessary for Refreshi to use the Feedback, you hereby grant Refreshi an irrevocable, perpetual, world-wide licence to use the Feedback and any associated intellectual property in any manner, in any medium now known or hereafter developed, without restriction or payment to you.

11. Suspension and termination

11.1 We specifically reserve the right, at our sole discretion, to suspend or terminate your access to the App including the deletion of your Account at any time at our reasonable discretion without any liability. Examples of scenarios where this may happen are:

• You materially or repeatedly breach these Terms.
• We are required to do so to comply with a legal requirement or a court order.
• We reasonably believe that your conduct causes harm or liability to us, a Store, or a third party – for example, by hacking, phishing, harassing, spamming, misleading others or scraping content that doesn’t belong to you.
• In our discretion we think you have acted in a manner that is abusive or disrespectful to a Refreshi employee, agent, partner, user, or other Refreshi customer.
• You are inactive on the App for an extended period of time.
• You create or attempt to create a new Account after suspension or termination of another Refreshi Account.

11.2 We encourage you to contact us, if you believe that your Account has been suspended or terminated in error.

12. Miscellaneous

12.1 No Warranties. 

Our Refreshi Marketplace is made available to you on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose unless you’re located in an area that by law provides you a specific right contrary to this disclaimer or does not permit us to exclude a warranty. Otherwise, we’re held to only the express promises we make to you in these Terms.

12.2 Changes to these Terms. 

We specifically reserve the right to update, modify, or make changes to these Terms at any time. If we update these Terms we will notify you in your Account and post them on the Refreshi Marketplace. The new Terms will not apply retrospectively to your use of our Refreshi Marketplace before the Terms changed, but the new Terms will apply to your continued use of the Refreshi Marketplace and your Account after the effective date of the new Terms. Your continued access to or use of the Refreshi Marketplace or your Account will constitute acceptance of the revised Terms. If you do not wish to continue using the Refreshi Marketplace following the changes to the Terms, you can cancel your agreement to the Terms by deleting your Account. Unless stated in the current version of the Terms, all previous versions will be superseded by the current version of the Terms.

12.3 Third Parties. 

You understand and acknowledge that Refreshi does not provide, endorse, or guarantee any third party product, service or information including products of Stores on the App. The Refreshi Marketplace may contain links to other websites not maintained by us. Other websites and apps may also reference or link to our Refreshi Marketplace. We encourage you to be aware when you leave our Refreshi Marketplace and to read the terms and conditions and privacy statements of each and every website and app that you visit. We are not responsible for the practices or content of such other websites and apps.

12.4 Severability. 

If any part of the Terms are deemed unlawful, void or for any reason unenforceable, the parties agree that any such provision will be modified to carry out the original intent to the fullest extent permitted by law. If modification is not possible then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

12.5 Waiver; remedies. 

No failure or delay by Refreshi to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.6 Resolving Disputes. 

Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes in the ordinary courts based on the applicable law and venue set out in these Terms and all proceedings will be conducted in South Africa.

12.7 Class Action Waiver.

 You agree that any claim or proceeding arising from these Terms must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding which any related rights you hereby waive unless prohibited by law.

12.8 Information. 

Refreshi reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

12.9 Applicable laws.

These terms will in all respects be governed and construed in accordance with the laws of the Republic of South Africa. The user submits to the non-exclusive jurisdiction of the Courts of the Republic of South Africa.

12.10 Entire agreement. 

These Terms constitute the entire agreement between the parties in respect of this subject matter.

12.11 Contact Refreshi. 

If you have any questions about these Terms please reach out to us on our contact us page (www.refreshi.co.za)