Last updated, January 2022
The Website or any part of the Website may be periodically unavailable, and content on the Website may be removed or modified at any time without notice. Fresh may, in its sole discretion, restrict, suspend or cancel access to or use of the Website, for all or any one or number of users. You will have no right to compensation or other remedy for being unable to access the Website.
1. WEBSITE CONTENT
The Content (as defined below) presented on this Website is intended for educational or informational purposes only. In particular, such information is not meant to serve as a substitute for professional medical advice. Fresh does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website.
All Product descriptions, information and materials posted on this Platform are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising. Commentary and other materials or information posted on or otherwise made available via our Website are not intended to amount to advice on which reliance should be placed. To the extent permitted under applicable law, (a) we do not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website; and (b) we exclude all liability and responsibility arising from any reliance placed on such materials or information by you, or by anyone who may be informed of any of its contents, and you acknowledge that any reliance on any such statement or information shall be at your sole risk.
1.1 Colours on the Internet
The images of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
1.2 Website Content; License
Fresh and/or its licensors own all right, title and interest in and to the Website, including all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein (the “Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein, or has a valid right from a third party to use such material on the Website. Your use of the Website does not grant you ownership of any Content on the Website.
2. YOUR USE OF THE WEBSITE
The Content may not be reproduced, republished, distributed, exploited commercially, used or modified without Fresh’s express written consent. You may not:
(a) access, copy or download the Website or Content using automated methods including but not limited to, “web scraping” or “bots”, robots or spiders that “harvest” the Website or Content, interfere with the functioning of the Website or Content or restrict or inhibit any others from using the Website or Content;
(b) use any trade mark, service mark or logo of Fresh or any third party that appears on the Website without prior written consent;
(c) remove or obscure any copyright or other notices contained in any Content;
(d) exploit any Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Website. If you link other websites to this Website, you may not imply or suggest that Fresh has endorsed or is affiliated with such websites and you may not display this Website as “framed” within another website;
(e) delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Website or Content or any of the Website’s source code or software;
(f) transmit any virus, worm, time bomb or similar system interference or corruptant through this Website;
(g) (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Website or use or gain access to the identities, information or computers of others through this Website.
(h) impersonate any person or entity other than yourself or create an Account for anyone other than yourself;
(i) misuse our Website or its Content for any purpose which is unlawful (such as, for examples, introducing viruses or attempting to gain unauthorized access to our Website);
(j) do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory;
(l) use any hidden text or metatags using “Fresh”; or
(m) attempt to violate the security of the Website, including but not limited to attempting to gain unauthorized access to data, attempting to interfere with the functionality of the Website.
You are responsible for any use of the Website made by you. You undertake to use your best endeavours to ensure that nothing you do whilst accessing the Website will damage the Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
2.1 User Information
2.2 User Comments, Feedback, And Other Submissions
2.3 Links To and From The Website
The Website and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilised in any way, without prior written consent from Fresh.
The Website may contain links to other websites and resources operated by third parties. These links are provided for your information only. We have no control over the content of and the information contained in those third party websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Use of such third party websites is subject to the terms and conditions applicable to and displayed on such third party websites.
3. WEBSITE DISCLAIMERS AND LIMITATION OF LIABILITY
Save to the extent otherwise provided under applicable law, the Website, Content and Products are provided "as is," "as available”, without warranty of any kind, either express or implied, including, without limitation, any warranties for uptime or uninterrupted access, merchantable quality, fitness for a particular purpose, non-infringement of third party rights, security and freedom from viruses or malware.
You agree that in no event shall you seek to hold Fresh, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees and agents (“Affiliates”), liable and in no event shall Fresh or its Affiliates be liable to any party, whether in contract, tort (including negligence) or otherwise, but excluding fraud or fraudulent misrepresentation, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or any other remedy relating to the access, use (or inability to use), or availability of the Website, Content or Products, irrespective of whether Fresh has been advised of the possibility of such damages or losses.
The foregoing notwithstanding, we do not in any way exclude or limit our liability for:
(a) Death or personal injury caused by our negligence;
(b) Fraud or fraudulent misrepresentation;
(c) any other matter for which we are not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.
4. SUSPENSION AND TERMINATION
(b) further legal action against you; and/or
(c) disclosure of such information to law enforcement or regulatory authorities as we reasonably feel is necessary or as required under applicable law.
5. GENERAL TERMS
5.1 Governing Law and Dispute Resolution
5.2 Waiver and Severability
5.3 Third Party Rights