Terms & Conditions

Term And Conditions

1. Important Notices   

This Agreement sets forth the Terms and Conditions under which Fresh i Holdings (Pty) Ltd, operating as the Mi Shop division, provides services. These services include, but are not limited to, mobile app development and updates, website hosting, app maintenance, banner and splash screen design, and optional support services.

  • This Agreement contains Terms and Conditions that are essential for your awareness, as they:
  • May limit the liability of Fresh i Holdings or a third party;
  • May create risks or obligations for you;
  • May require you to indemnify Fresh i Holdings or a third party; and/or
  • Acknowledge certain facts on your part.
    • This Agreement supersedes any previous Terms and Conditions previously agreed upon between you and Fresh i Holdings for the same subject matter.
    • Offers are valid until their stated expiry dates. Fresh i Holdings reserves the right to modify or withdraw advertised deals without prior notice. For further details, visit freshi.co.za. E & OE (Errors & Omissions Excepted). All prices exclude VAT.

2. Provision of Services

  • Subject to these Terms and Conditions, Fresh i Holdings will provide Mi Shop services for the duration of this Agreement.
  • Service availability may be affected by factors beyond Fresh i Holdings’ control, including third-party platform issues (e.g., Google, Android, or Apple services) and plugin failures.

3. Duration

  • This Agreement is effective from the Activation Date (the date the Mi Shop platform is activated for your business) and will continue a month-to-month until terminated by either party.
  • Either party may terminate the Agreement by providing a minimum of twenty (20) business days’ written notice (equivalent to approximately 30 calendar days).

4. Charges and Payment Obligations

4.1.  Subscription Fee:

  • Monthly subscription fees are due on the monthly anniversary of the subscription activation date (e.g., if the subscription begins on the 10th of this month, the next payment will be due on the 10th of the next month, and so on).
  • Subscribers are granted a 3-day grace period to settle payments. If payment is not received within this period, services will be suspended

  • The monthly subscription fee covers the following services: custom website, iOS & Android app availability, hosting, regular updates and maintenance of the apps and site, and web hosting. Detailed descriptions of these services are outlined in Schedule A: Service Description.

4.2.  Banking Details:

  • Account Holder: Fresh i Holdings
  • Bank: FNB
  • Account Type: Cheque
  • Account Number: 63055781520
  • Branch Code: 251345
  • Swift Code: FIRNZAJJ

4.3.  Evidence of Payment Due:

  • A computerized account or certificate signed by a Credit Manager of Fresh i Holdings will serve as prima facie evidence of the amount due unless evidence proves otherwise.

4.4.  Subscription Fee Adjustments:

  • Fresh i Holdings reserves the right to adjust subscription fees with a three-month notice period. Adjusted fees will apply after this period unless the subscription is terminated.

4.5.  Additional Services:

  • Additional service prices are based on Fresh i Holdings’ published rates.

4.6.  Direct Debit:

  • Fresh i Holdings may require direct debit payments to ensure uninterrupted service.

4.7.  VAT Exclusion:

  • All fees exclude VAT.

4.8.  Price Plan Terms:

  • Specific terms for your Price Plan are outlined in Schedule A: Price Plan.

4.9.  Service Suspension for Non-Payment:

  • Non-payment after the 3-day grace period may lead to service suspension. Fresh i Holdings is not liable for any claims arising from such suspension.

4.10. Payment Obligations:

  • Payment obligations cannot be withheld due to dissatisfaction with services.

5. Risk and Ownership

  • Fresh i Holdings retains ownership of the Mi Shop platform and mobile applications. Risk of damage, unauthorized access, or theft transfers to you once the app is in your possession.

6. Protection of Personal Information

  • Both parties shall comply with applicable data protection laws, including the Protection of Personal Information Act, 2013.
  • Personal information will only be used to fulfill obligations under this Agreement unless additional consent is provided.
  • Both parties agree to maintain adequate technical and organizational measures to safeguard personal information.

7. Disclosure of Information

  • You consent to the disclosure of your information to relevant third parties, including credit bureaus, law enforcement, and affiliates, for lawful purposes related to service provision, credit checks, or legal compliance.

8. Service Limitations

  • You acknowledge that services may occasionally be affected by factors outside Fresh i Holdings’ control, such as third-party platform issues, and agree that Fresh i Holdings will not be liable for such service disruptions.

9. Liability

  • You indemnify Fresh i Holdings against claims arising from your breach of this Agreement or misuse of the Mi Shop platform, except in cases of Fresh i Holdings’ negligence or misconduct.
  • Fresh i Holdings is not liable for service disruptions due to external factors, such as natural disasters or government actions.

10. Customer Obligations

You agree to:

  • Follow Fresh i Holdings’ instructions for using the service;
  • Not commercially exploit Mi Shop without Fresh i Holdings’ written consent;
  • Provide necessary information as requested;
  • Communicate respectfully with Fresh i Holdings’ representatives.

11. Suspension of Services

  • Fresh i Holdings may suspend services for maintenance, regulatory reasons, or breaches of this Agreement.
  • If a breach is unresolved within five (5) business days after notice, Fresh i Holdings may suspend services.
  • A reconnection fee may apply after suspension.

12. Termination

  • Either party may terminate the Agreement as per clause 3.1 or 3.2. Fresh i Holdings is entitled to disconnect services on the termination date without liability.

13. Compliance with Policies and Procedures

  • You agree to adhere to all Fresh i Holdings policies and procedures related to Mi Shop.

14. Complaint Resolution and Code of Practice

  • Fresh i Holdings operates under a Code of Practice for customer complaints. For further details, visit freshiholdings.co.za or contact customer care. This Agreement does not limit your rights under the Consumer Protection Act, 2008.

15. Communication

  • You consent to electronic communications from Fresh i Holdings as necessary for service continuity and Agreement compliance, per the Electronic Communications and Transactions Act 25 of 2002.

16. Assignment

  • You may not transfer any rights or obligations under this Agreement to any third party without Fresh i Holdings’ prior written consent.

17. Variation

  • Except as expressly provided otherwise, any addition, variation, consensual cancellation, or novation of this Agreement must be in writing and signed by both parties.

18. Applicable Law and Jurisdiction

  • This Agreement is governed by South African law.
  • The parties consent to the non-exclusive jurisdiction of the High Court of South Africa (Gauteng Local Division, Pretoria) for disputes arising from this Agreement.

19. Confidentiality

  • Each party agrees to maintain confidentiality regarding information obtained from the other party, except for performing obligations under this Agreement.
  • Confidentiality obligations will survive the termination of this Agreement.

20. Intellectual Property

  • Fresh i Holdings retains all intellectual property rights in the Mi Shop platform, including software, trademarks, and content.
  • You are granted a limited, non-exclusive license to use the Mi Shop platform solely for operating your business, without reverse-engineering or decompiling the platform.

21. Data Protection

  • Fresh i Holdings shall process personal data in accordance with the Protection of Personal Information Act (POPIA).
  • Both parties will implement adequate measures to protect personal data against unauthorized access, disclosure, or destruction.

22. Amendments

  • Continued use of the Mi Shop platform after notice of updated terms will constitute acceptance of the updated terms.

23. Limitation of Liability

  • Fresh i Holdings is not liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Mi Shop platform.
  • Fresh i Holdings’ total liability for direct damages is limited to the total amount paid by you for services in the preceding six (6) months.

24. Dispute Resolution

  • The parties shall first attempt to resolve disputes amicably through negotiation.
  • If unresolved after thirty (30) business days, disputes may be referred to mediation and, if necessary, arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA) in Tshwane, South Africa.

25. Entire Agreement

  • This Agreement constitutes the entire understanding between the parties, superseding prior representations unless amended per clause 17.

26. Notices

  • Notices to Fresh i Holdings should be addressed to:
  • Physical Address: 109 Windswawel Street, Monument Park Ext. 4, Pretoria, 0181
  • Telephone: +27 12 347 4170
  • Email: info@freshi.co.za
  • Attention: Managing Director, Mr. Lisa Phendla
    • Notices must be in writing and delivered to the designated address.

27. Severability

  • If any term is deemed unenforceable, it will be removed without affecting the enforceability of remaining terms.

28. Acceptance

  • By making an online subscription payment, you confirm that you have read, understood, and accepted all Terms and Conditions outlined in this Agreement. This payment constitutes legal acceptance of this Service Level Agreement (SLA) and binds you to the obligations specified herein.