In a country that produces more than enough food to feed everybody how is it that just under 50% are nutritionally poor. Two key factors in this crisis are challenges related to finding markets for produce and accessing affordable nutritious food. Food for Us provides an innovative mobile phone application that brings together producers and consumers of food. The vision is to reduce food waste and enhance food security be providing a convenient platform for connecting interested people.
Understanding the effect of social systems on food loss and wastage.
The official Food for Us website can be found at http://foodforus.co.za/
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Effective 01 September 2017
If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
DESCRIPTION OF SERVICES
The Service provides a platform that enables farmers, businesses and organizations (“Suppliers” or “Supplier”) to manage otherwise surplus food or food that would otherwise become lost or wasted in the food supply chain. The Service enables Suppliers with surplus food (“Food Items”) to connect with organizations that are prepared to consume or repurpose such Food Items (“Receivers” or “Receiver”). Collectively, Suppliers and Receivers make up the Food for Us participant base (“Participants”). You may be a Supplier and/or Receiver in connection with your use of the Services and, in either case, you are a “Participant” as such term is used herein.
Food for Us provides a platform for Suppliers and Receivers to connect. It is up to Participants to coordinate food transportation for transactions scheduled through use of the Service. Food for Us offers information and a method to communicate with other Participants but does not provide transportation services or act in any way as a coordinator or transporter of Food Items or other goods. Food for Us has no responsibility or liability for the quality, timeliness, or reliability of Food Items or the transportation coordinated between Participants.
Food for Us does not currently provide a payment portal and takes no responsibility for payments between suppliers and receives.
The Services may enable Participants to provide ratings and feedback regarding other Participants (“Ratings”).
Access to the service, content, software, downloads and products available from the FOOD FOR US Mobile App, Console and Website is classified as “electronic transactions” in terms of the ECT Act and therefore User have the rights detailed in Chapter 7 of the ECT Act and FOOD FOR US has the duty to disclose the following information:
- The full name and legal status of the Mobile App, Console and Website owner: FOOD FOR US;
- Street address:
- Postal address:
- Physical address for receipt of legal service: See 5.2 above;
- The Mobile App, Console and Website addresses are http://www.
- The official e-mail address of the FOOD FOR US Mobile App, Console and Website is: www.foodforus.co.za
NO AGENCY; NO RESPONSIBILITY FOR FOOD ITEMS OR TRANSPORT
You and Food for Us are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement. The actual exchange of Food Items occurs between the Supplier and Receiver according to pricing, terms and conditions established by such Supplier and Receiver. Food for Us is not responsible for insuring any Customer or for the quality, safety, or legality of any aspect of the Food Items listed, the truth or accuracy of listings of Food Items, or the ability of Suppliers to provide Food Items or the ability of Receivers to receive Food Items.
In order to access the Service, you must create a Food for Us account. You agree to provide accurate, current, and complete information to your account as may be required by Food for Us from time to time. You will be responsible for the use and maintenance of the confidentiality of your login credentials and password and shall not share your login credentials or password with anyone else.
You agree not to use the account, login credentials, or password of another user at any time, disclose your password to anyone else, or impersonate any person or entity. You agree to exit from your account at the end of each session and to immediately notify Food for Us of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. Failure to provide accurate and timely account information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued or removed. Food for Us reserves the right to disallow use of login credentials or account information that is deemed offensive or inappropriate. All suggestions and comments you provide become the intellectual property of Food for Us.
Subject to your compliance with this User Agreement and the corresponding Privacy Agreement, Food for Us grants you limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access the Service. Any rights not expressly granted herein are reserved by Food for Us.
Without limiting any of the preceding terms, you may not modify, decompile or reverse engineer any software or hardware related to the Service, including the web and mobile applications; remove or alter any product identification, trademark, copyright or other notices related to the Service; use or allow the use of the web or mobile applications by or for the benefit of third parties, including by renting, leasing or lending the web or mobile applications; or reproduce, sell, or distribute the web or mobile applications without Food for Us permission.
USER CONTENT AND INTELLECTUAL PROPERTY
When you submit Ratings or other content as part of the Service (“posting” or “listing”), you grant Food for Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, both in any media now known or in the future. Further, to the fullest extent permitted by applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against Food for Us, its sub-licensees, or its assignees. Further, if you provide Food for Us with any suggestions or feedback regarding potential improvements or extensions to the Services (“Feedback”), you hereby grant to Food for Us a non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, transferable, sublicensable (through one or more tiers) license to copy, use, modify and otherwise exploit such Feedback.
You represent and warrant that any posting and use of your information submitted to Food for Us shall be true, correct and complete and shall not infringe or violate the rights of any third party.
You agree to comply with all applicable laws when using the Service, and to use the Service solely in a lawful manner and for lawful purposes. You shall not cause nuisance, annoyance, inconvenience, or property damage to any party in connection with your use of the Services or your interactions with other Participants arising from your use of the Services. You must accurately be listing Food Items, and for reading and understanding the description of Food Items before claiming a listing for such Food Items.
By using the Service in any manner, you are prohibited from:
using the Service if you have been temporarily or indefinitely suspended from the Food for Us site, services, applications or tools;
- manipulating or interfering with the listings or account of another user;
- posting false, inaccurate, or misleading content;
- transferring accounts without consent;
- distributing or posting malicious software such as viruses, time bombs, trojan horses, worms, or any other disruptive or harmful component;
- distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- collecting information about users without their consent;
- web scraping, using spiders or otherwise using technical or robotic means to collect data from the Services;
- circumventing any technical measures used to provide the Service;
- attempting to gain unauthorized access to any part of the Service, to other users’ accounts, or to other networks or systems connected to the Service;
- interfering with the use of the Service by any other individual or party;
- soliciting or using personal identifying information for commercial or unlawful purposes from other users or disseminating another person’s personal information without his or her permission.
If Food for Us believes or discovers that you are using the Service in any of the ways mentioned above, Food for Us may, in its sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to the Service, delaying or removing hosted
content, and taking technical and/or legal steps to prevent you from using the Service.
Inactive Accounts: Food for Us reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts.
Food for Us reserves the right to refuse service to anyone, for any reason, at any time. Food for Us may suspend or terminate provision of the Services at any time and for any or no reason.
SUPPLIER LISTING CONDITIONS
Suppliers using the Service are responsible for the accuracy and content of the listing and Food Items they offer.
Suppliers are prohibited from listing prohibited content, including but not limited to, content that (is):
- fraudulent or involves the sale of illegal, counterfeit or stolen Food Items;
- links directly or indirectly, references or contains descriptions of goods or services that are prohibited by Food for Us, either in this agreement or any other agreement you enter into with Food for Us;
- hosts images that are not part of the listing;
- violates local, provincial, or national food safety laws or standards;
- includes any copyrighted material unless you own or control the copyright in and to such material;
- knowingly false and/or defamatory, profane, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
- violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- contains material that breaches another’s privacy, i.e., phone numbers, addresses, or other personal information;
- contains spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- includes material that contains advertisements or commercial solicitations; or;
- includes material discussing illegal activities or linking to websites that deal with such activities.
RECEIVER CLAIMING CONDITIONS
Receivers are responsible for reading and understanding full Food Item listings before making a bid or commitment to claim a Food Item.
Participants, not Food for Us, are solely responsible for honouring any confirmed transactions and making available any products reserved through the application. If you, as a Receiver, choose to enter into a transaction with a Supplier for the transfer of Food Items, you agree and understand that you will be required to enter into an agreement with the Supplier containing terms, conditions, rules and restrictions mutually agreed by you and the Supplier. You acknowledge and agree that you, and not Food for Us, will be responsible for performing the obligations of any such agreements, that Food for Us is not a party to such agreements, and that, Food for Us disclaims all liability arising from or related to any such agreements.
In the event a dispute arises between you and another user or a third party, Food for Us encourages you to contact the user or third party to resolve the dispute amicably. Food for Us has the right but no obligation to resolve disputes between users or between users and outside parties. To the extent that Food for Us attempts to resolve a dispute, Food for Us will do so in good faith based solely on Food for Us policies. Food for Us will not make judgments regarding legal issues or claims; provided that Food for Us may impose fees for your improper use of the Services or failure to honour your supply or purchase obligations with other Participants, as such fees may be agreed by you from time to time.
You release Food for Us (and Food for Us funders, project managers, researchers, developers, partners 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 disputes with one or more users, or any other outside party.
DISCLAIMER OF LIABILITY
You agree that the provisions of this section will survive any termination of your account or of the Services.
You agree that your use of the Service is at your own risk, and that the Service is provided “AS IS” and “AS AVAILABLE.”
Food for Us, its funders, project managers, researchers, developers, partners and employees specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. Food for Us does not warrant that any information is complete or accurate, that the service will be uninterrupted or error free or that any information is free of viruses and/or rogue or malicious programming. In addition, no advice or information (oral or written) obtained by you from Food for Us shall create any warranty.
Food for Us shall not be liable for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use our Service;
- guidance given to you by Food for Us;
- errors or delays associated with the Service;
- inaccuracies in the Service;
- damages to your cell phone or other device from use of the Service;
- any Food Item;
- the content, actions, or inactions of third parties;
- any disciplinary action taken with your account;
- the way that your products and account are displayed on the Service;
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or Food for Us policies.
You agree to defend and indemnify Food for Us and its funders, project managers, researchers, developers, partners and employees, and licensees, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from or related in any way to your use of Food for Us services, any breach of this user agreement, any food items, or failure to abide by applicable law.
If any portion of these terms is found to be invalid or unenforceable, the remaining portions of the terms shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the Food for Us original intention.
Food for Us agrees to use a commercially reasonable level of care to preserve the confidentiality of any user information that is provided to Food for Us as the result of the user’s access to and use of the Service.
The User Agreement and all current Food for Us policies set forth the entire understanding and agreement between you and Food for Us and supersede all prior understandings and agreements of the parties.
CHANGES TO THE AGREEMENT
Food for Us reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Service following your receipt of any revision to this Agreement constitutes your acceptance of any and all such changes, solely with respect to the time period after the date of such changes.
WAIVER AND CONFLICT
The failure of Food for Us to exercise or enforce any right or provision in this User Agreement shall not operate as a waiver. As it relates to the Services, if there is ever a conflict between this User Agreement and any other terms or policies, then this User Agreement will control.
AGREEMENT TO ARBITRATE
You and Food for Us each agree that any and all disputes or claims that have arisen or may arise between you and Food for Us relating in any way to or arising out of this User Agreement or your use of or access to the Service shall be resolved exclusively through final and binding arbitration, rather than in court. These terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Durban, South Africa in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following Mobile App, Console and Website http://www.arbitration.co.za
AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
- the User/Reporter shall be bound to these term and conditions and such agreement is concluded in Durban at the time the User/Reporter enters the FOOD FOR US Mobile App, Console and Website for the first time or immediately after the User/Reporter indicated consent as required in the End-User/Reporter License Agreement during the Mobile App/Product installation process;
- data messages (as defined in the ECT Act) addressed by the User/Reporter to FOOD FOR US shall only be deemed to have been received if and when responded to;
- data messages (as defined in the ECT Act) addressed to the User/Reporter by FOOD FOR US shall be deemed to be received by the User/Reporter as detailed in section 23(b) of the ECT Act;
- data messages (as defined in the ECT Act) addressed by the User/Reporter to FOOD FOR US shall be deemed to have been created and sent by the User/Reporter from within the geographical boundaries as indicated in the geo-referencing of each report;
- electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User/Reporter and FOOD FOR US (communication lines used to back-up data through the use of the Product shall be secured by FOOD FOR US); and
- the User/Reporter agrees and warrants that data messages that are sent to FOOD FOR US from a computer, IP address or mobile device normally used by or owned by the User/Reporter, was sent and/or authorised by the User/Reporter personally.
You agree that the laws of South Africa, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Food for Us, except as otherwise stated in the User Agreement.
Unless you and Food for Us agree otherwise, or in the event that the Agreement to Arbitrate above is for any reason held to be unenforceable, you agree that any claim or dispute that has arisen or may arise between you and Food for Us must be resolved exclusively by a court located in South Africa. You and Food for Us agree to submit to the personal jurisdiction of the courts located in South Africa for the purpose of litigating all such claims or disputes.
FOOD FOR US shall not be liable for costs incurred by User/Reporters to obtain professional advice relating to these terms and conditions.
This Agreement will remain in full force and effect while you use the Service and/or have a Food for Us account. You may terminate your license to the Service by providing written notice to Food for Us. Notwithstanding any of the preceding terms, Food for Us reserves the right, without notice and in its sole discretion, to terminate your license to use the Service and block or prevent your future access to, and use of, the Service. After your account is terminated for any reason, all terms of this User Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Effective 01 September 2017
Types of Data We Collect:
Information that You Provide to Us:
In order to facilitate use of the Service, Food for Us and its third party service providers collect several types of personal information from you, including, without limitation, your name, ID number, location, user-selected password, email address, telephone number, and the name and type of your business, etc. (“Account”). In addition non-personal browsing habits and click patterns related to the Food for Us Mobile App, console and website may be collected. Some users may be required to input additional information including, without limitation, confirmation of non-profit taxation status or verification of agricultural practices.
Information from Your Use of the Service:
When you use the Service, there are several types of information that Food for Us and its third party service providers collect from you. These include, without limitation, information about other users with whom you interact on the Service, the timing of those communications, your product listings, and transactions that you conduct on or in connection with the Service.
Food for Us may also automatically collect and is able to view, information about your mobile device. This information may include, without limitation: your IP address, geographical information (including GPS coordinates), browser type, device identifiers, mobile network information, domain names, access times and referring website addresses. We store-specific location information on the origin and destination associated with a transaction. This information is used for purposes such as the operation of the Service, improving users’ ability to view each others’ locations before or during a transaction, to maintain the quality of the Service, and to provide general statistics regarding use of the Service.
Information from your Application:
The Service is primarily powered through the use of a mobile-enabled application. Food for Us and its third party service providers may collect technical information about your device, operating system, and software in order to facilitate the use of the Service and provide product updates.
User Control Over Personal Information:
Food for Us understands the need for users to periodically change, update, or remove their information on the Service. As a user, you have the ability to edit your information through your Account settings. If you no longer wish to use the Service, you may also remove your Account. Note that if you no longer wish to have a product listing (which you have previously posted) be viewable on the Service, it is your responsibility to remove this product listing.
What Personal Information is Used For:
We collect your Personal Information to be used in a number ways. Foremost, we use this information in order to facilitate your use of the Service, respond to your inquiries, investigate user disputes or transactions, and manage your account information. Additionally, your Personal Information helps us to better understand the use of the Service in order to make improvements, run data analytics, and perform a number of internal business functions. As this is a pilot project information will be used for research purposes.
When Personal Information is Shared with Third Parties:
When you provide us with your name of business, type of business, business address, logo and other business-specific information (“Business Information”), that Business Information may be displayed or accessible to all other users of the Service. We do not limit the use of such Business Information and do not control how other users of the Service may use such Business Information.
We use a number of third-party companies to facilitate the use of the Service, including to host the Service, communicate with other users, provide additional functionality, track analytics, or perform other services. We may provide these service providers with access to user information, including Personal Information. Personal Information is only used to the extent needed for these third parties to provide their services, and they are obligated not to disclose or use Personal Information for any other purpose.
We may also share your Personal Information with a third party if needed to fulfil a legal requirement. Uses of Personal Information to fulfil a legal obligation include, but are not limited to: satisfying a law or regulation, responding to a subpoena or government request, or as part of a legal proceeding. Further, Personal Information may be shared or disclosed in cooperation with law enforcement or another government agency in order to protect public safety.
We may create aggregated data or de-identified data derived from your Personal Information or otherwise regarding your use of our Services, in a manner that does not identify you, and share that aggregated or de-identified data with third parties. Further, we may share your Business Information with any user of the Services, whether registered or not and may utilize such Business Information for marketing purposes and to enable other users of the Services to connect with you.
We reserve the right to disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights; to comply with a judicial proceeding, court order, or legal process served on Food for Us; or in connection with an actual or proposed corporate transaction or insolvency proceeding involving all or part of the business or asset to which the information pertains.
When and How Other Users Can Contact You:
Your personal contact information is not shared with other users until you confirm that you wish to enter into a transaction with another user to supply or receive goods (“Transaction Confirmation”). After a Transaction Confirmation, a user may be given a message with the other user’s business and contact information. The application then allows the users to contact each other via in-application messaging, phone, or text message.
When and How Food for Us Can Contact You:
Food for Us may also contact you in a number of ways. Such contact will occur primarily through email or through a telephone. Your Account is required to have a valid email address and telephone number that can be reached with information about the Service or other support. Certain messages, including notifications, confirmations, or correspondence with the Food for Us support team are non-promotional (“Administrative Material”). You cannot opt-out of receiving Administrative Material without removing your Account.
We may also contact you with newsletters or promotional information (“Promotional Material”). When you register for an Account, you may be subscribed to such Promotional Material unless you choose to opt-out of such subscription. You can opt out of receiving Promotional Material by contacting the Food for Us team.
How This Data Gets Secured:
Food for Us encrypts sensitive information and other personal information using commercially reasonable, industry-wide practices. However, no method of transmission or storage is completely secure, and we are unable to guarantee the security of your personal information.
Food for Us will retain your Personal Information only as long as needed in order to provide the Service or as long as your Account is active. However, Food for Us will also retain and use your information as long as needed to fulfil its legal obligations and enforce its agreements. You may inform the Food for Us team about requests or changes related to your Personal Information, and we may update or delete your personal data accordingly.
Choice and Opting In or Out: