Fresh2Go Supplier Terms of Service

Fresh2Go is a marketplace platform that connects consumers with participating food businesses ("Suppliers") in Lusaka, Zambia. Fresh2Go facilitates the transaction between you and the consumer; Fresh2Go does not itself produce, prepare, store, or supply any food item you list.

As required by Section 63 of the Electronic Communications and Transactions Act (No. 4 of 2021): full name and legal status: Tomile Solutions Limited, a limited liability company registered in the Republic of Zambia; registration number: 120261044289 (PACRA); physical address: No. 3 Palm Drive, Chelstone, Lusaka, Zambia; telephone: +260 77 490 4560; email: hello@fresh2go.app; website: fresh2go.app.

2.1 Eligibility. You must be a lawfully operating food business in Zambia, or an authorised representative of one.

2.2 Verification (KYC). Before your account is approved to list, you must submit: a PACRA certificate, a Lusaka City Council trading licence, a food business permit, a TPIN certificate (ZRA), and a signed copy of these Terms. NAPSA registration and a ZEMA compliance certificate are requested where applicable. Fresh2Go may, at its sole discretion, grant a documented exception for a specific missing document where your business structure makes it inapplicable.

2.3 Accuracy. You confirm all submitted information and documents are accurate and belong to the business you represent, and you must notify us if any document expires or is revoked.

2.4 Approval, rejection and more information. Fresh2Go may approve your account, reject your application with reasons, or request additional or corrected documents. A rejected application may be resubmitted once resolved.

3.1 Accuracy. Every listing must accurately state its category, an honest description of typical contents, prices, quantity, and a pickup window during which the bundle can actually be collected.

3.2 Food safety and compliance. You are solely responsible for ensuring every item you list is safe for consumption and complies with all applicable Zambian food-safety and public-health legislation. Fresh2Go does not inspect, test, or certify the food you list.

3.3 Photos. Any photo you upload must be a genuine, reasonably representative photo, not stock imagery presented as the actual product.

3.4 Pricing. You set your own prices; the discounted price must be genuinely lower than the stated original price.

4.1 Fulfilment. Once a consumer has paid for a bundle, you must make it available for collection, matching the listing's description, throughout the stated pickup window.

4.2 Code verification. You or your staff must verify the consumer's digital pickup code before handing over any bundle. Do not hand over goods without a successful verification.

4.3 Inability to fulfil. If you cannot fulfil a paid order, cancel it through the Platform immediately so the consumer is refunded in full. Repeated unfulfilled orders may lead to reduced visibility, required listing approval, or suspension under Section 9.

4.4 No-shows. If a consumer does not collect within the pickup window, the order is forfeited; no further obligation or refund arises on your part.

5.1 Commission. Fresh2Go retains a commission of 25% of each completed sale. Fresh2Go may change this rate prospectively for future listings, with reasonable notice.

5.2 Payouts. The remaining 75% is paid out to your registered payout method on the payout cycle shown in the Platform. You are responsible for keeping your payout details accurate.

5.3 Refunded orders. Where a consumer is refunded, the corresponding amount is not payable to you, or is deducted from your next payout if already advanced.

6.1 Marketplace role. Fresh2Go is not the producer, manufacturer, or seller of the food items you list. The contractual relationship for the supply of food is between you and the consumer.

6.2 Limitation of liability. To the maximum extent permitted by law, Fresh2Go's total liability to you shall not exceed the total commission Fresh2Go retained from your account in the three (3) months preceding the event giving rise to the claim. Fresh2Go is not liable for indirect, incidental, special, or consequential damages.

6.3 Indemnity. You agree to indemnify and hold Fresh2Go harmless against any claim, loss, fine, or liability arising from a food-safety or quality defect in an item you listed, your breach of these Terms or applicable law, or inaccurate information you submitted.

6.4 No exclusion of statutory rights. Nothing in these Terms excludes or limits any right that cannot lawfully be excluded under the Competition and Consumer Protection Act (No. 24 of 2010), the Electronic Communications and Transactions Act (No. 4 of 2021), or any other applicable Zambian law.

You agree that you will:

• only list food that is safe, correctly described, and available for the stated pickup window;
• verify every pickup code before handing over goods;
• keep your business, contact, and payout details accurate and current;
• treat consumers with respect and handle complaints in good faith;
• not use consumer contact information for any purpose beyond fulfilling that order, and never for marketing without separate consent;
• not misuse, interfere with, or attempt to gain unauthorised access to the Platform or other users' accounts; and
• comply with all applicable Zambian laws in operating your business.

All content on the Platform (including the Fresh2Go name, logo, visual design, and software) is the property of Tomile Solutions Limited or its licensors. You grant Fresh2Go a non-exclusive licence to display the photos, business name, and listing content you upload, solely to operate and promote the Platform.

9.1 By you. You may close your account at any time by contacting hello@fresh2go.app. Closing your account does not affect orders already placed or amounts already owed.

9.2 By us. Fresh2Go may suspend or terminate your account, with reasons recorded, where we reasonably believe you have breached these Terms, repeatedly failed to fulfil paid orders, received substantiated food-safety or quality complaints, provided false or expired verification documents, or otherwise acted in a way that could harm Fresh2Go, consumers, or other Suppliers. Where practicable, we will notify you before or promptly after, with reasons and a path to reinstatement where applicable.

9.3 Effect of termination. Amounts already owed to you for completed orders remain payable, subject to Section 5.3.

Personal data you provide, and any customer data made available to you to fulfil orders, is processed in accordance with the Fresh2Go Privacy Policy and the Data Protection Act (No. 3 of 2021). You must not retain, copy, or use consumer data for any purpose other than fulfilling the specific order it relates to.

11.1 Internal resolution. Contact hello@fresh2go.app and we will make reasonable efforts to resolve matters informally and promptly.

11.2 Regulatory bodies. You may lodge a complaint with ZICTA or the Competition and Consumer Protection Commission (CCPC) where applicable.

11.3 Governing law. These Terms are governed by the laws of the Republic of Zambia. Unresolved disputes are subject to the exclusive jurisdiction of the courts of the Republic of Zambia.

We may communicate with you through the Platform, email, SMS, or WhatsApp, including order notifications, verification status updates, and policy changes. Contact us at hello@fresh2go.app or +260 77 490 4560.

We may update these Terms to reflect changes in our practices, the Platform, or applicable law. Material changes are notified at least fourteen (14) days before they take effect. Continuing to list after that date constitutes acceptance of the updated Terms.

14.1 Severability. Invalid or unenforceable provisions are severed; the rest remain in full force.

14.2 Entire agreement. These Terms, together with the Privacy Policy and any listing-specific terms, constitute the entire agreement between you and Fresh2Go.

14.3 Waiver. No failure or delay by Fresh2Go in exercising a right constitutes a waiver of that right.

14.4 Assignment. Fresh2Go may assign its rights and obligations to an affiliate or successor entity. You may not assign yours without our prior written consent.

Email: hello@fresh2go.app
Telephone: +260 77 490 4560
Post: Tomile Solutions Limited, No. 3 Palm Drive, Chelstone, Lusaka, Zambia