Fresh2Go Consumer Terms of Service

Fresh2Go is a marketplace platform that connects consumers with participating food businesses ("Suppliers") in Lusaka, Zambia. Through the Platform, Suppliers list same-day fresh food bundles ("Surprise Bundles") at discounted prices for consumer pickup. Fresh2Go facilitates the transaction between you and the Supplier; Fresh2Go does not itself produce, prepare, store, or supply the food items contained in a Surprise Bundle.

As required by Section 63 of the Electronic Communications and Transactions Act (No. 4 of 2021), the following information is provided: 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.

To use the Platform, you must be at least 18 years of age and legally capable of entering into a binding agreement under Zambian law. By registering, you confirm that the information you provide is accurate, complete, and current, and that you will update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you become aware of any unauthorised use of your account, you must notify us immediately at hello@fresh2go.app.

3.1 Surprise Bundles. Suppliers list same-day food assortments on the Platform under a general category (such as Baked Goods, Groceries, Fruits & Vegetables, Pre-Cooked Meals, or Mixed). The exact contents of each Surprise Bundle are assembled at the Supplier's discretion and are not individually specified in advance. By placing an order, you acknowledge and accept that the specific items within a Surprise Bundle may vary.

3.2 Pickup only. Fresh2Go is a pickup-only platform. There is no delivery service. When you place an order, you will receive a digital pickup code. You must collect your Surprise Bundle in person during the pickup window specified at the time of your order, from the Supplier's designated collection point.

3.3 Pickup window. Each Surprise Bundle has a stated pickup window set by the Supplier. If you do not collect your order within the stated pickup window, the order may be treated as forfeited. Fresh2Go is not liable for any loss arising from your failure to collect within the specified time.

3.4 Digital pickup code. Upon successful payment, you will receive a digital confirmation code. You must present this code at the Supplier's collection point. The Supplier's staff will verify the code and hand over your Surprise Bundle. The code is valid only for the specific order and pickup window to which it relates.

4.1 Prices. All prices displayed on the Platform are set by the Supplier and are inclusive of applicable charges unless otherwise stated. Prices may vary between Suppliers and between listings.

4.2 Payment. Payment is made in advance through the Platform via mobile money or such other digital payment methods as may be made available on the Platform. Fresh2Go uses authorised payment processors licensed by the Bank of Zambia. We do not store card numbers, PINs, or mobile money credentials.

4.3 Confirmation. An order is confirmed only when payment has been successfully processed and you have received a digital pickup code. Until that point, no binding obligation exists between you and the Supplier for that order.

5.1 Nature of the goods. Surprise Bundles consist of perishable foodstuffs intended for same-day consumption. Under Section 66(5)(c) and (f)(iv) of the Electronic Communications and Transactions Act (No. 4 of 2021), the statutory seven-day cooling-off period for electronic transactions does not apply to the supply of foodstuffs intended for everyday consumption or to goods that are likely to deteriorate or expire rapidly.

5.2 Cancellation by you. You may cancel an order before the Supplier has begun preparing or setting aside your Surprise Bundle. If cancellation is permitted at that stage, a full refund will be issued to your original payment method. Once preparation has commenced or the pickup window has opened, cancellation may not be available.

5.3 Cancellation by the Supplier. A Supplier may cancel a listing if the relevant stock is no longer available. In that event, you will receive a full and immediate refund.

5.4 Refund policy. Where a refund is due under these Terms, it will be processed within fourteen (14) days to your original payment method. Nothing in these Terms limits or excludes any refund right that you may have under the Competition and Consumer Protection Act (No. 24 of 2010) or any other applicable law.

5.5 Quality complaints. If the contents of a Surprise Bundle are materially defective, spoiled, or unsafe, you should report the issue through the Platform or by contacting hello@fresh2go.app within 24 hours of collection, providing a description and, where possible, photographic evidence. We will investigate the complaint and, where justified, arrange a refund or credit at our discretion.

6.1 Marketplace role. Fresh2Go operates as a technology platform connecting consumers with Suppliers. Fresh2Go is not the producer, manufacturer, or direct seller of the food items in any Surprise Bundle. The contractual relationship for the supply of food is between you and the Supplier.

6.2 Food safety. Responsibility for the safety, quality, labelling, and regulatory compliance of all food items rests with the Supplier. Suppliers are responsible for ensuring that the food they list meets all applicable food safety and public health legislation, including regulations administered by relevant Zambian authorities.

6.3 Limitation. To the maximum extent permitted by law, Fresh2Go's total liability to you in connection with any order or series of related orders shall not exceed the total amount you paid to Fresh2Go for the order(s) in question. Fresh2Go shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform or from any Surprise Bundle.

6.4 No exclusion of statutory rights. Nothing in these Terms is intended to exclude or limit any right or remedy available to you 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 that cannot be excluded or limited by agreement.

When using the Platform, you agree that you will:

• use the Platform only for its intended purpose of browsing and purchasing Surprise Bundles for personal consumption;
• not misuse, interfere with, or attempt to gain unauthorised access to the Platform, its infrastructure, or other users' accounts;
• not resell or commercially redistribute Surprise Bundles purchased through the Platform;
• provide accurate information in your account and keep it up to date;
• treat Supplier staff with respect during the pickup process; and
• comply with all applicable laws when using the Platform.

All content on the Platform (including the Fresh2Go name, logo, visual design, software, text, and graphics) is the property of Tomile Solutions Limited or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Platform content without our prior written consent.

9.1 By you. You may close your account at any time by contacting us at hello@fresh2go.app. Closing your account does not affect any outstanding orders or any rights or obligations that have already accrued.

9.2 By us. We may suspend or terminate your account if we reasonably believe that you have breached these Terms, engaged in fraudulent activity, or used the Platform in a manner that could harm Fresh2Go, Suppliers, or other users. Where practicable, we will notify you before or promptly after taking such action, with reasons.

Your personal data is processed in accordance with our Privacy Policy and the Data Protection Act (No. 3 of 2021). By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

11.1 Internal resolution. If you have a complaint or dispute relating to the Platform or any order, please contact us at hello@fresh2go.app. We will make reasonable efforts to resolve the matter informally and promptly.

11.2 Consumer protection. You may lodge a complaint with the Zambia Information and Communications Technology Authority (ZICTA) in respect of any matter arising under the Electronic Communications and Transactions Act, or with the Competition and Consumer Protection Commission (CCPC) in respect of any unfair trading or consumer rights matter.

11.3 Governing law. These Terms are governed by and construed in accordance with the laws of the Republic of Zambia. Any dispute that cannot be resolved informally or through the regulatory bodies identified above shall be subject to the exclusive jurisdiction of the courts of the Republic of Zambia.

12.1 From us. We may communicate with you through the Platform, by email, by SMS, or by push notification. Service-related communications (order confirmations, pickup reminders, policy updates) are transactional and are not marketing. You may manage your marketing communication preferences within the application.

12.2 From you. You may contact us at hello@fresh2go.app or by telephone on +260 77 490 4560. Our registered address for service of legal documents is: Tomile Solutions Limited, No. 3 Palm Drive, Chelstone, Lusaka, Zambia.

We may update these Terms to reflect changes in our practices, the Platform, or applicable law. Where changes are material, we will notify you through the application or by email at least fourteen (14) days before the changes take effect. Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of those Terms. If you do not agree to the updated Terms, you should stop using the Platform and close your account.

14.1 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.

14.2 Entire agreement. These Terms, together with the Privacy Policy and any order-specific terms displayed at the time of purchase, constitute the entire agreement between you and Fresh2Go in relation to your use of the Platform.

14.3 Waiver. No failure or delay by Fresh2Go in exercising any right under these Terms shall constitute a waiver of that right.

14.4 Assignment. Fresh2Go may assign or transfer its rights and obligations under these Terms to an affiliate or successor entity. You may not assign your rights or obligations without our prior written consent.

14.5 Non-exclusion. In accordance with Section 69 of the Electronic Communications and Transactions Act (No. 4 of 2021), any provision in these Terms that purports to exclude a right granted to consumers under Part VIII of that Act is void to the extent of the exclusion.

If you have any questions about these Terms, please contact:

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