This document is confidential and for the internal use of Fresh Planet
This document contains the intellectual property of Fresh Planet and other third parties with whom Fresh Planet has business relationships. It may not be disclosed, in whole or in part, to any party other than the Fresh Planet employees and professional advisors who need to see it in order to evaluate the document. It may not be used for any other purpose.
© Copyright FRESH PLANET 2020 All Rights Reserved
Other than for the purposes specified above, no part of this document may be reproduced in any form or by any means without the prior written permission of Fresh Planet.
Whilst every care has been taken to ensure that the contents of this document are complete and realistic, Fresh Planet reserves the right to change or withdraw this document in the light of further information.
Freshplanet.ae (referred to as this or the “Website ") including its (“products and services”) is fully owned and operated by Fresh Planet LLC (referred to as "FRESH PLANET")
The purpose of this document is to set the rules, which the users must agree in order to use the Website and its products and services such as software modules, features, Mobile apps, API etc. These terms apply in full force and effect to use of this website.
General Terms and Conditions
Freshplanet.ae (referred to as this or the “Website”) contains information, content, text, photographs, designs, graphics, images, recordings, advertisements, animation and other materials and effects that are protected by copyrights, trademarks, service marks, trade dress and/or other intellectual or proprietary rights owned by Fresh Planet L.L.C (“FRESH PLANET”) and/or third parties which have authorized its use by FRESH PLANET. All trademarks and copyrighted information contained on the Website are the property of their respective owners. You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
This Website and the Materials on this Website are provided for your individual, non-commercial use. Any other use of the Website or the Materials is strictly prohibited, including without limitation, copying, modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction, redistribution or any other dissemination, without the express written permission by FRESH PLANET or the applicable rights holder. The Materials on the Website may not be used by you or other third parties, directly or indirectly, for purposes of marketing, solicitation, telemarketing, e-mailing or direct marketing. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Website or any of the Material. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal or immoral purpose, or to transmit to or through the Website or to or through any service, any illegal, harmful, threatening, defamatory, discriminatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of FRESH PLANET or any third party using the Website or Materials.
By continuing to use this Website, you agree to these Terms and conditions and to allow FRESH PLANET and its third-party vendors to collect certain information about your visit to the Website. Please see the Privacy Statement for more information about the information collected.
FRESH PLANET reserves the right, without notice and at FRESH PLANET sole and absolute discretion, to change any aspect of the Content available on this Website, or to discontinue any aspect or feature of this Website or any of the Content or to change the software and hardware required to access and use this Website.
By continuing to use this Website, You agree not to use any automated script to submit any form or other database entry to this Website. This Website may use robot exclusion methods, which include robots.txt files and HTML meta-tags that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Information on the Website may be updated on a real-time basis and is proprietary to FRESH PLANET or is licensed to FRESH PLANET by third parties. You agree that if and to the extent prohibited in the then-current robots.txt file or HTML meta-tags on the Website, you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without FRESH PLANET written permission. Additionally, you agree that you will not: (i) take any action that is likely to impose an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) harvest email addresses from the Website for any purpose whatsoever, or (iv) bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
FRESH PLANET generally welcomes links to the Website from other reputable websites. You may link freely to the Website provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage or any other page, (b) you do not, by framing or otherwise create an impression that you own, control or have any rights to any part of the Website, (c) you do not link to any secure page (a secure page is one with an https// prefix), and (d) you agree to discontinue providing links to this Website when requested by FRESH PLANET.
FRESH PLANET makes efforts to try to assure the accuracy of the information it presents in the portions of the content it authors on the Website. FRESH PLANET cautions, however, that because of the volume, complexity of the material, the ever-changing laws and regulations and court decisions, and significant country by country (and sometimes community to community) differences, and because FRESH PLANET communicates information provided and created by advertisers, consumers, software developers, publishers, marketing agents, resellers, and other third parties, FRESH PLANET may have little or no control over the accuracy of such information. Regardless of any control, FRESH PLANET makes no guarantee or representation as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or for any resulting loss or damage.
By continuing to use this Website, all the terms and conditions will apply to your access and use of this Website and the Content in addition to any further or different disclaimers, legal notices, agreements or terms and conditions that may apply to your use of or access to any particular Content. These Terms form a legally binding agreement between you and FRESH PLANET. By accessing or using this Website and/or the Content, you accept and agree to abide by these Terms. Should you not agree with these Terms, you must immediately leave this Website and not attempt to access or use this Website or the Content as your access and/or use of this Website or the Content will automatically bind you to these terms.
If there is anything in these Terms that you do not understand, please contact FRESH PLANET as soon as possible at firstname.lastname@example.org
Intellectual Property Rights
The information contained on this site is protected under the Copyright Laws of the United Arab Emirates. “FRESH PLANET Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations FRESH PLANET uses in connection with this website. You may not remove or alter any FRESH PLANET Trademarks, and you may not incorporate any FRESH PLANET Trademarks into your trademarks, service marks, Internet addresses or domain names, or any other similar designations or intellectual property. Improper use of this Website, including any FRESH PLANET Trademarks, may constitute a violation of federal law and could subject violators to severe civil and potentially criminal sanctions. FRESH PLANET is vigorous in its enforcement of its rights
As used in these Terms, “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, logos, designations, insignias, brand and trade names, business names, domain names, trade secrets or confidentiality rights and any other intangible property rights, including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected or registered or capable of registration, now existing or hereafter created, issued, acquired or filed.
All Intellectual Property Rights to this Website and the Content are the property of, or are licensed to, FRESH PLANET and as such are protected from infringement by local and international legislation and treaties.
Nothing in these Terms shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any part of this Website, any Content or any Third Party Content which is not your Third Party Content for any reason unless otherwise expressly permitted by these Terms or by law.
Your access to and use of this Website will not give you any rights in or to this Website or the Content. All rights not expressly granted are reserved and no right, title or interest in any of the Content or any part of this Website is granted to you.
Irrespective of the existence of copyright, you acknowledge that FRESH PLANET is the proprietor of all of the Content (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such Content.
You agree to take all steps to ensure that your and your users’ use of this Website and the Content protects all of FRESH PLANET rights and the rights of its licensors in and to this Website and the Content. You agree not to do anything that may or is likely to diminish or damage FRESH PLANET or this Website and its Contents. You and your users will not during or at any time after the termination of your relationship with FRESH PLANET or the cessation of your use of this Website or the Content acquire or be entitled to claim any right or interest in or to this Website and/or the Content and you agree not to challenge or assist others in challenging the validity or ownership of FRESH PLANET and FRESH PLANET licensors’ Intellectual Property Rights in this Website and the Content.
You agree to notify FRESH PLANET in writing as soon as you become aware of any infringement of FRESH PLANET or its licensors’ Intellectual Property Rights.
As used in these Terms, “Confidential Information” means all trade secrets, Intellectual Property Rights and other information that FRESH PLANET or third parties protect against unrestricted disclosure to others which is: either labelled as confidential and accessed through a restricted or non-public area of this Website or pursuant to software downloads; or reasonably identifiable as confidential based on the type of information and the manner of its disclosure; or Commercial Content or training Content
Except for those parts of this Website which are clearly identified as non-public forums, every other part of this Website is intended to be a public forum and you agree not to provide FRESH PLANET or other users with any confidential or proprietary information that you or the owner of the information do not intend to become public information.
You agree not to reproduce any Confidential Information to which you are provided access through this Website in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of FRESH PLANET or any third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original.
You agree to: take all reasonable steps to keep all Confidential Information strictly confidential; use Confidential Information solely as authorized at the time of disclosure; and not disclose any Confidential Information to any party without the prior written consent of FRESH PLANET or the third party that has prepared such information.
You do not acquire any rights in Confidential Information except the limited rights as described in these Terms or elsewhere on this Website.
No Warranty, No Liability, Indemnification
You are responsible for all activity that results from use of FRESH PLANET products and services through your account. You are responsible for maintaining the security of your account and password. FRESH PLANET will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure
You indemnify FRESH PLANET against all forms of liability, actions, proceedings, demands, costs, charges and expenses which FRESH PLANET may incur or suffer as a result of use of FRESH PLANET products and services through your account or as a result of your failure to comply with these Terms.
FRESH PLANET makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY FRESH PLANET ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FRESH PLANET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL FRESH PLANET BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS OR SITES LINKED FROM THE WEBSITE OR MATERIALS, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE
FRESH PLANET SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET.
FRESH PLANET products and Services are provided "as is"
FRESH PLANET products and services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. In particular, it is your sole responsibility to ensure that your use of the FRESH PLANET products and services complies with any laws or regulations applicable to you and your business, and allows you to meet any legal obligations you might have. Such laws might include requirements regarding the retention or storage location of accounting, taxation and/or transaction records. We make no representation or warranty regarding your ability to comply with laws applicable to you when you use the FRESH PLANET Service.
We will try to promptly address (during normal business hours) all technical issues that arise in connection with the FRESH PLANET products and services.
We do not warrant that: (a) the FRESH PLANET products and services will meet your specific requirements; (b) the FRESH PLANET products and services will be uninterrupted, timely, secure, or error-free; (c) the FRESH PLANET products and services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the FRESH PLANET products and services will meet your expectations; or (e) any errors in the FRESH PLANET products and services will be corrected.
You acknowledge that FRESH PLANET may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the FRESH PLANET products and services. The acts and omissions of those third party suppliers may be outside of FRESH PLANET control, and FRESH PLANET does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier, save as otherwise expressly set out in the Agreement or in writing between the parties.
From time to time, we may add, make changes to or remove altogether features or functionality of the FRESH PLANET products and services. If you're using an App, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of FRESH PLANET products and services at any time, and nothing in these Terms is to be taken as a guarantee that the Apps or any of FRESH PLANET products and services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the FRESH PLANET Services, or the Apps or any version of them.
Permissible use of this Website and Restrictions
You agree to use the FRESH PLANET products and services in a reasonable way (including, to avoid doubt, if you have subscribed for an 'unlimited' account). If we determine that your use of the FRESH PLANET products and services is not reasonable or that your use is causing degraded performance of the FRESH PLANET Services for you or for other Users, we may impose limits on your use of the FRESH PLANET Services. Where possible, we will give you a 24 hours prior notice and request that your usage should be reduced before imposing any limits.
Limits on your use of the FRESH PLANET Services may include (but are not limited to) the quantities and volumes of the following parameters, per account: (a) storage required to host and backup our account data; (b) sales transactions per calendar month; (c) API (application programming interface) calls per five (5) minute period; (d) page views per five (5) minute period; (e) bandwidth usage per twenty four (24) hour period; (f) support tickets opened per calendar month; or (g) outlets, registers, users, products and customers
The Content comprises of spreadsheets, templates and other material that you may download and use in the conduct of your business as a FRESH PLANET channel partner (“Commercial Content”); education and learning materials and tools that you may download and use relating to FRESH PLANET. You may only use these Content for your internal business purposes directly related to your use of FRESH PLANET computer products; and any other Content that you may download and use for your personal and non-commercial purposes (in other words, a purpose not intended for or directed towards commercial advantage or monetary compensation) (“Non-Commercial Content”).
You agree not to, and you agree that you will not through a third party: modify, copy, distribute, transmit, display, translate, perform, reproduce, publish, license, adapt, vary, modify, incorporate into other works, create derivative works from, transfer, encumber, sell or in any other way deal with: any part of this Website; any of the Non-Commercial Content; any of the Commercial Content if such material is used for any purpose other than performing your functions as a FRESH PLANET channel partner; any of the content decompile, disassemble or reverse engineer any part of this Website or modify or enhance this Website. If you effect any modifications or enhancements to this Website in breach of this provision, FRESH PLANET, at its sole and absolute discretion, may choose to (i) retain such modifications and enhancements, in which event such modifications and enhancements shall be FRESH PLANET property; or (ii) remove such modifications and enhancements, in which event you hereby agree to pay FRESH PLANET all of the costs and expenses that it incurs in this regard on demand; without FRESH PLANET prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to this Website by persons other than you. In this regard, you must effect and maintain adequate security measures to prevent unauthorised access to and use of this Website by way of the user codes or passwords that are allocated to you and your users for accessing this Website. You are solely responsible for the use and security of the user codes and/or passwords that are allocated to you and your users and any activities that occur in relation to such user codes or passwords. Any activities conducted on this Website under the user codes or passwords issued to you and your users will be regarded as activities that you have conducted and you will be bound by same. If your password or user code is compromised, you must immediately notify FRESH PLANET in writing and change your password or user code. You must also notify FRESH PLANET in writing as soon as you become aware of any unauthorised use of or access to this Website: use the FRESH PLANET contents to provide marketing, training, consulting or any other commercial products and services to any persons; use this Website and the Content, except as expressly permitted by these Terms: remove any identification, trademark, copyright or other notices from this Website or any Content downloaded from this Website (including from Commercial Content or training Content); impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; breach or violate any applicable local, state, national or international law and any regulations; gather, collect or store personal information or data of other users except if such other users are your customers or your employees and you have received their written consent to your gathering, collection and/or storage of their personal information or data; permanently copy or reproduce any part of a web page on any other website or otherwise redistribute same; rovide links to this Website without first obtaining FRESH PLANET prior written consent and, if FRESH PLANET gives you such consent, you must discontinue your link if so asked by FRESH PLANET for any reason.
The following additional provisions apply to the Commercial Content and the training Content: the Commercial Content and training Content is simply a tool that is made available to users to assist them in carrying out certain tasks or performing certain functions or to confirm that they have completed certain courses relating to FRESH PLANET software products. FRESH PLANET does not accept any responsibility or liability for how the users use the Commercial Content or the training Content or the results that are achieved, or the information that is generated, by a user’s use of the Commercial Content or the raining Content;
FRESH PLANET and its licensors own all of the Intellectual Property Rights (as defined above) to the Commercial Content and the training Content and the use by users of such Commercial Content and training Content shall not give such users any rights in or to the Commercial Content or the training Content other than the limited right to use the Commercial Content and the training Content for the specific purpose for which the Commercial Content and the raining Content was made available to the user; by allowing users to download and use the Commercial Content and training Content, FRESH PLANET does not make any warranties or representations to any other person regarding a user’s ability to use the Commercial Content and/or the training Content or the manner in which the user uses the Commercial Content and/or training Content or in respect of the task or function that the user carries out or performs using the Commercial Content or the training Content or the user’s knowledge of FRESH PLANET software products.
FRESH PLANET Service is available in a range of packages/plans, giving you options including in relation to the number of locations, cash registers and users you can have, the number and total value of transactions you can process on FRESH PLANET products and services and the features and services you have access to, and the Fee you pay, as described on our Website from time to time (or as notified to you, in the case of some exclusive plans). We may update those plan limits at any time (eg, by increasing, reducing or removing limits) by updating the plan descriptions on our Website (or as notified to you, in the case of some exclusive plans). You'll be expected to comply with the updated plan limits from the next time you use the FRESH PLANET Service. You agree that we may use information generated by your use of the Services (eg, transaction volume and revenue) for the purposes of determining the most appropriate plan and pricing for you.
We may ask you to upgrade your FRESH PLANET account to a new plan if you exceed the limits that apply to your plan at any time.
We also reserve the right to suspend or restrict your account or your use of the FRESH PLANET Service, or disable any third party integrations you have, where we believe that your use isn't fair or reasonable or that it may cause degradation of the FRESH PLANET products and services to other users. This includes circumstances where your use (or integration of your account with a third party) is creating a security or availability risk for FRESH PLANET or our other customers, is impacting (or may impact) the stability or performance of our systems, or is requiring disproportionate resource to deliver (eg, in terms of storage or processing requirements, support requests or helpdesk queries).
If you're using a free plan, then in addition to the other terms and conditions set out in these Terms, there are some other conditions that apply to you:
Data Protection and Security
We will maintain appropriate technical and organizational measures to protect the security of the data or content that you input into FRESH PLANET products and services.
You are responsible for complying with all applicable data protection laws in respect of your use of FRESH PLANET products and services and with regard to any instructions you issue to FRESH PLANET with regard to the processing of personal data you provide to FRESH PLANET through the Services. In particular, you must ensure you have properly informed and obtained all necessary rights, authorizations or consents from any end-users, consumers, personnel or other individuals to whom the data relates, to enable FRESH PLANET to lawfully access their personal data under these Terms and to process their personal data outside of their country of residence.
You shall not provide (nor permit any User to provide) any Sensitive Data to FRESH PLANET. For the purpose of these Terms, "Sensitive Data" shall mean data revealing a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetics, biometrics, health data, data about sex life or sexual orientation, or data about criminal convictions and offences.
In order to ensure the security and reliable operation of this Website and the Content to all users of this Website, FRESH PLANET hereby reserves the right to take whatever action FRESH PLANET may deem necessary to preserve the security, integrity and reliability of FRESH PLANET servers, network and back-office applications.
You may not utilise this Website in any manner that could damage, disable, overburden, impair or compromise the security of any FRESH PLANET server or the networks connected to any FRESH PLANET server or tamper with this Website in any manner whatsoever or interfere with any other person’s use and enjoyment of this Website. You may not attempt to gain unauthorised access to this Website, other accounts, computer systems or networks connected to any FRESH PLANET server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. Any person or entity which does so, or attempts to do so, shall be held criminally liable and shall also be liable, on an indemnity basis, for any direct and indirect damages or loss that FRESH PLANET suffers or sustains.
In addition to the above, any user who: intentionally accesses or intercepts any data without authority or permission to do so;intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective; utilises any device or computer program in order to unlawfully overcome security measures designed to protect this Website and the Content or access thereto; commits any act described above with the intent to interfere with access to this Website so as to constitute a denial, including a partial denial of access to and/or use of this Website to legitimate users; performs or threatens to perform any of the above acts for the purpose of obtaining any unlawful proprietary advantage by undertaking to cease or desist from such action, or by undertaking to restore any damage caused as a result of those actions; performs any of the acts described above for the purpose of obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic; or aids or abets someone to commit any of the foregoing acts, shall, notwithstanding criminal prosecution, be liable for all direct and indirect resulting liability, loss or damages suffered and/or incurred by FRESH PLANET and FRESH PLANET affiliates, agents, channel partners and/or users on an indemnity basis.
Account Information and Use
You must be 18 years or older in order to access and use the FRESH PLANET Services. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete. We will use that information to contact you from time to time (including by sending you notices as required by these Terms relating to, for example, suspension of your account or changes to your plan), so it's important that you keep all of your contact details, and those of your Admin account and other Authorized Users, up to date.
FRESH PLANET grants you a limited, non-exclusive, non-transferable, revocable license to use the FRESH PLANET Services (subject to your account type) for the purposes of with the Customer's business and in accordance with these Terms.
You are responsible for any conduct or activity undertaken in your account (whether online or by calling our support center), including any changes made, and the input or modification of or access to any data or information in your account, by any of your Authorized Users. In particular, our primary point of contact with you will be your nominated Primary Admin, who will be considered as authorized by you to make changes, give instructions and receive notices on your behalf.
If you are an authorized User using or accessing the FRESH PLANET Services for the benefit of a Customer, then you are responsible for ensuring you have the right to do so from the relevant Customer (including all necessary authorizations to access, amend or remove data, or make changes to the Customer's account); or you are a Customer, then you are responsible for authorizing use or access of the FRESH PLANET Services by any authorized User and will indemnify FRESH PLANET against any claims or loss relating to any authorized User's use of or access to your account.
We will have no responsibility to anyone other than the Customer, and the FRESH PLANET Services and these Terms are intended solely for the benefit of the Customer and not for any authorized User(s).
Cancellation of Accounts
FRESH PLANET can cancel or suspend your account at any time. Such termination will be effective at the end of your then-current paid-up subscription period. We may also cancel or suspend your account immediately if, in our sole discretion:
You are entitled to cancel your account with FRESH PLANET at any time. You may cancel your account by following the prompts when you are logged into your account through the Apps or the Website. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance.
If your account is cancelled, your account will be deactivated and all of your rights granted under these Terms will immediately come to an end. We are not liable for any loss or damage following, or as a result of, cancellation of your account
On expiry or termination of these Terms, or upon cancellation of your account, the data submitted by you to the FRESH PLANET Services will be deleted after 30 days.
Third Party Content and Integration
FRESH PLANET does not claim ownership of any information, whether in the form of an article, information, documentation, graphics, images, marketing material, educational material, videos, photographs, messages, feedback or ideas (“Third Party Content”), that you or any other user posts, uploads or submits to this Website.
By posting, uploading, submitting or transmitting any Third Party Content to or on this Website, you: automatically grant FRESH PLANET and FRESH PLANET affiliates a non-exclusive, worldwide, fully paid up and royalty-free, perpetual, irrevocable right and licence to use, reproduce, alter, publish, translate, sub-license, copy and distribute such Third Party Content in whole or in part worldwide, and to incorporate it in other works in any form, media or technology now known or hereinafter developed, for the full term of any copyright that may exist in such Third Party Content; represent and warrant to FRESH PLANET that you have the right, title and/or authority to grant such licence to FRESH PLANET.
FRESH PLANET is not obliged to evaluate, monitor or examine the Third Party Content that you or any other user posts, uploads or submits to this Website or the accuracy thereof.
FRESH PLANET may, in FRESH PLANET sole and absolute discretion, withdraw the posted or published Third Party Content for any reason and without notice to you.
You warrant and undertake to and in favour of FRESH PLANET that: you have the right to make available your Third Party Content on this Website; such Third Party Content shall not infringe the Intellectual Property Rights (as defined below) of any other person; the Third Party Content shall not be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful or racially, ethnically or otherwise objectionable in any manner or violate the rights of others; the Third Party Content shall not result in any damaging or malicious computer programming routines (such as a software virus, trojan horse, worm, time bomb, cancelbot, corrupted file or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property) being introduced to this Website which may damage or interfere with the proper working of this Website or any activities conducted on this Website or which may compromise the security of this Website in any manner whatsoever; your Third Party Content shall not include any unsolicited or unauthorised advertising, promotional materials, surveys, spamming or any other form of solicitation, commercial or otherwise; you shall not forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Third Party Content transmitted through this Website.
You agree that FRESH PLANET shall not be held liable, directly or indirectly, in any way for Third Party Content, your use thereof or for any loss or damage of any kind incurred as a result of your use of Third Party Content.
FRESH PLANET may provide links to third party websites on this Website. These links are provided to you for convenience only and FRESH PLANET does not endorse, nor does the inclusion of any link imply FRESH PLANET endorsement of, such websites, their owners, licensees or administrators or such websites’ content, security practices, privacy policies and operations. FRESH PLANET cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, FRESH PLANET control. FRESH PLANET is not responsible for and gives no warranties and makes no representations in respect of the privacy policies or practices of linked or any third party or advertised websites on this Website.
You agree that FRESH PLANET shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on this Website. Any dealings that you may have with any linked websites are solely between you and the third party website.
You acknowledge that in the provision of certain optional features and services, FRESH PLANET, on receipt of instructions from you, may be required to transfer certain data held in your FRESH PLANET account to, and otherwise interact with, third party partners who provide services that you have elected to integrate with the FRESH PLANET Services ("Third Party Integration Partners"). For a current list of our Third Party Integration Partners, see here. You agree that if and to the extent such data transfer occurs, it is on your express election and instruction by virtue of you agreeing to use the Third Party Integration Partner's services. You are solely responsible for compliance with all applicable laws (including applicable data protection laws) in respect of the transfer of the data by FRESH PLANET to the Third Party Integration Partner, and for entering into separate contractual agreements with the Third Party Integration Partner. FRESH PLANET is in no way liable for the provision of the services or the handling and processing of any data by the Third Party Integration Partner. For the avoidance of doubt, such third parties are not FRESH PLANET subprocessors for data protection purposes.
Fees and Taxes
The fees charged for use of the FRESH PLANET Services are set out on the Website (or as notified to you in the case of some exclusive plans) ("Fees") and are subject to change. and/or introduce new pricing packages and terms, at any time. The new Fees or pricing/package terms will apply to you from expiry of current subscription, unless you choose to cancel your account before the changes take effect. Also, the new Fees will apply to you immediately if you choose to change your plan/package (or if you reactivate your plan after cancellation). Fees are charged in advance and are non-refundable, including if you only partially use your subscription for the FRESH PLANET Services
we will not provide refunds in connection with the FRESH PLANET Services. A valid credit card number is required for paying all Fees.
If you are late in paying any Fees, we may automatically cancel/deactivate your account and delete your data as per this terms and conditions.
If you are carrying out a free trial of the FRESH PLANET Services (as offered on the Website or the Apps), the free trial will begin on the day that your account is opened and end of the published trial period. If you wish to continue to use the FRESH PLANET Services at the end of the free trial period, you will need to provide valid credit card. If you choose not to continue with the FRESH PLANET Services, then your account (and all data associated with it) will be deleted after the end of your free trial. Data will be deleted after 30 days following the end of your free trial.
All Fees are exclusive of all taxes, and you are responsible for any taxes that may arise. You indemnify and hold FRESH PLANET harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest. If you are required to withhold or deduct tax from the Fees, you will pay FRESH PLANET such additional amounts as are necessary to ensure receipt of the full amount which would have been received but for the deduction.
If you are located inside or outside of UAE, then payment of your Fees could incur additional bank fees at the discretion of your bank. Bank fees may be charged for currency conversion and international settlement; and your charge may still be subject to additional fees even if you are being charged by FRESH PLANET in your local currency. If your credit card statement charge differs from your FRESH PLANET invoice, please contact your bank in the first instance. FRESH PLANET is not liable for any additional bank transaction fees that may be charged.
General and Miscellaneous
You acknowledge that you use this Website and the Content entirely at your own risk and on an “as is” and “as available” basis and that you assume full responsibility and risk of loss resulting from the use thereof.
While FRESH PLANET has taken reasonable measures to update the Content and to offer the most current, correct and clearly expressed information possible, FRESH PLANET cannot be held responsible for any inaccuracies, errors, omissions, misinterpretations or incompleteness.
FRESH PLANET does not make any warranties or representations, whether express, implied or statutory: that this Website or the Content will be available at all times, or will be error-free or that errors in this Website or the Content will be corrected or that this Website and/or the Content will meet any particular criteria of performance or quality or that you will be able to access websites linked to this Website at all times; as to non-infringement of third party rights, merchantability, fitness for a particular purpose, compatibility, security or accuracy; that any files, downloads, software or applications available via this Website are free of viruses or any other data or code that has the ability to corrupt, damage or affect the operation or security of your system; regarding the accuracy of the results or output that you derive from making use of any Content made available through this Website.
Under no circumstances will FRESH PLANET be liable to you or any of your users for any indirect, special, incidental, exemplary or consequential damages or loss, loss of anticipated profits, loss of business opportunity, loss of business data/information or loss of contracts by either you or any third party or claims or demands against either you or FRESH PLANET by any third party or other like commercial or economic loss related in any way to the Website and/or the Content or your or your users’ use thereof or in connection with or arising out of these Terms whether based on contract, delict/tort (including strict liability), statute, the breach of any warranty, other legal or equitable grounds or otherwise.
neither FRESH PLANET, its affiliates, shareholders, agents, partners, licensors, consultants, officers or employees (“Indemnified Parties”) shall be liable for any loss or damages whatsoever (including, without being limited to, any direct, indirect, special, incidental, consequential, punitive or exemplary damages) howsoever arising (whether in an action arising out of contract, statute, delict/tort or otherwise) related to or resulting from: the use of, or the inability to access or use, this Website or any of the Content; the faulty execution of this Website or the malfunctioning of this Website; the use of or the inability to access or use any linked website; unauthorized access to or alteration of your Third Party Content, transmissions or data; statements, messages or conduct of any third party on this Website; or any other matter relating to this Website or the Content, even if FRESH PLANET knows or should reasonably have known of same. Notwithstanding anything to the contrary contained herein, the aforesaid limitations shall not apply in the case of intent or gross negligence by FRESH PLANET or in the case of FRESH PLANET statutory liability for personal injury.
These Terms shall be deemed to be made under the laws of the UAE and the construction, validity, interpretation and performance of these Terms as well as any dispute related to or arising from these Terms shall be governed in all respects by the laws of the UAE without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and FRESH PLANET hereby submit to the exclusive jurisdiction of the courts of the UAE. Notwithstanding the foregoing, nothing in these Terms precludes FRESH PLANET from taking proceedings against you in any court of competent jurisdiction nor will the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in other jurisdictions, whether concurrently or not.
This Website is controlled and administered by FRESH PLANET. Access to this Website from territories or countries where the Content of this Website is illegal is prohibited. You are responsible for compliance with all local laws of the country from which you access this Website.
These Terms set forth the entire understanding and agreement between FRESH PLANET and you with respect to this Website and your access to and use of this Website and the Content.
In the event that any of the provisions of these Terms are or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by these Terms, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in these Terms and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
FRESH PLANET failure to enforce any provision of these Terms will not constitute a waiver of such provision or affect in any way FRESH PLANET right to require the performance of such provision at any time in the future.
You shall not be entitled to cede or assign your rights or delegate your obligations in terms of these Terms to any third party without FRESH PLANET prior written consent.
No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
1Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.
In these Terms “you” is a reference to any juristic entity or individual, including individuals who are registered as users of a juristic entity, who access the Website. You will be responsible for your users’ access and use of this Website and any breach of these Terms by one of your users will be deemed to be a breach of these Terms by you.
The termination of your relationship with FRESH PLANET, for any reason, or the cessation of your use of the Website or the Content shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this. Such provisions include your obligations relating to FRESH PLANET Intellectual Property Rights and Confidential Information.
No provision in these Terms shall be construed against or interpreted to the disadvantage of FRESH PLANET by reason of FRESH PLANET having or being deemed to have structured, drafted or introduced such provision.
FRESH PLANET works with a number of partners, value added resellers and other third parties to promote, market and integrate other products and services with the FRESH PLANET Services. In some cases, we may receive a commission from those partners and third parties for referring our customers to them, or we may pay a commission to third parties where customers are referred to us.
If we don't insist that you perform any of your obligations under these Terms, or if we do not immediately enforce our rights against you, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
Each clause in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
FRESH PLANET reserves the right to revise any or all of the Materials on the Website and/or to modify any Website features, specifications, or materials without notice.
You may upgrade or downgrade your account subscription at any time by following the prompts when you are logged into your account.
You may upgrade or downgrade your account subscription at any time by following the prompts when you are logged into your account.
We will then immediately charge your credit card for any net amount due as a result of the upgrade and your account renewal date will be reset to the next available billing day.
Downgrading your account may cause the loss of content, features, or capacity of your account, and reduce the number of registers, users and/or transactions you can use or process. If you choose to downgrade your account, FRESH PLANET does not accept any liability for the resulting loss of data, content, features or capacity.
If you: breach any of these Terms; in FRESH PLANET sole discretion use this Website in an unauthorized manner; or breach any statute, regulation, ordinance or law,
FRESH PLANET is entitled without notice, in addition to any other right or remedy available to FRESH PLANET at law or under these Terms, including obtaining an interdict/injunction, to limit or deny you use of this Website or to claim specific performance of any of your obligations whether or not the due date for performance has arrived, in either event without prejudice to FRESH PLANET right to claim all loss and damages that FRESH PLANET incurs or sustains.
You agree to reimburse FRESH PLANET all of the reasonable legal costs and fees that FRESH PLANET incurs, on an indemnity basis, associated with any legal action that FRESH PLANET pursues against you.
Any notices shall be given by: email to email@example.com (in the case of FRESH PLANET) or to the e-mail address you have provided to FRESH PLANET (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent.
You acknowledge that all agreements, notices and other communications required to be given in terms of these Terms may be given via electronic means and that such communications shall be “in writing”.
If there is a dispute between the parties in relation to these Terms (or any previous version of them), either party must give the other party notice of the nature and details of the dispute commencing any court or arbitration proceedings until the procedure described in this section has been complied with.
If the dispute cannot be resolved within 10 (ten) working days of receipt of the dispute notice through FRESH PLANET email addresses as per the notice section above. Within the next 30 (thirty) business days of receipt of the dispute notice through FRESH PLANET email addresses as per the notice section above, senior managers of the parties shall meet to endeavor to resolve the dispute.