1. Agreement to these terms
These Terms of Use are between you and EFRESH SOLUTIONS (ABN 34 133 266 950), trading as eFresh (“eFresh”, “we”, “us” or “our”). By accessing our website, requesting a demonstration, creating an account or using an eFresh service, you agree to these terms.
If you use eFresh on behalf of a business or other organisation, you confirm that you have authority to accept these terms for that organisation. If you do not agree, do not use the website or services.
2. Website and services
eFresh provides software and related services designed to support fresh-food ordering and operations, which may include ordering, pricing, purchasing, inventory, packing, supplier, delivery, invoicing, payment and account workflows.
Information on our public website is general in nature. Product descriptions, demonstrations, mockups and roadmaps may illustrate current, planned or configurable functionality. Specific features, implementation requirements, service levels, pricing and support arrangements will be confirmed in the applicable proposal, order form or service agreement.
If a separate written agreement applies to your use of a paid or configured eFresh service, that agreement will prevail to the extent of any inconsistency with these terms.
3. Accounts and authorised users
You must provide accurate information and keep account details reasonably current. You are responsible for:
- protecting login credentials and not sharing individual accounts;
- assigning appropriate user roles and permissions;
- all activity conducted through your account by authorised users; and
- notifying us promptly if you suspect unauthorised access or a security incident.
You must be at least 18 years old to enter into an agreement for eFresh services.
4. Acceptable use
You must use eFresh lawfully and only for legitimate business purposes. You must not:
- use the services to commit fraud, mislead another person or facilitate unlawful activity;
- upload malicious code or interfere with the security, integrity, performance or availability of the services;
- attempt to gain unauthorised access to accounts, systems or data;
- reverse engineer, copy, scrape or systematically extract the services or their content except where permitted by law or written agreement;
- use the services to send spam or communications that breach applicable marketing or privacy laws;
- submit content that infringes another person’s rights or is defamatory, harmful or unlawful; or
- use eFresh in a way that creates an unreasonable security, operational or legal risk.
We may investigate suspected misuse and take proportionate steps to protect the services and affected users.
5. Customer data and responsibilities
You retain ownership of information, content and business data that you or your authorised users submit to eFresh (“Customer Data”). You give us the rights reasonably necessary to host, process, transmit, back up and otherwise use Customer Data to provide, secure and improve the services and meet our legal obligations.
You are responsible for the accuracy, quality and legality of Customer Data and for ensuring you have the necessary rights, notices and permissions to provide it to eFresh. This includes personal information about your customers, staff, suppliers, contractors and other contacts.
Operational actions created through the platform—including prices, orders, purchase orders, inventory adjustments, invoices, payments, credits and delivery instructions—should be reviewed by appropriately authorised users. You remain responsible for business decisions and transactions approved through your account.
6. AI-assisted features
Some eFresh features may use artificial intelligence to interpret messages or voice requests, match products, suggest actions, prepare content or assist with operational workflows.
AI-generated outputs are probabilistic and may occasionally be incomplete, inaccurate or inappropriate for a particular situation. You must apply reasonable human oversight and verify material outputs before relying on them, particularly where they affect pricing, product selection, purchasing, payments, stock, delivery, compliance or customer commitments.
You must not use an AI-assisted feature as a substitute for professional, legal, accounting, food-safety or other specialist advice.
7. Third-party services and integrations
eFresh may connect with third-party products such as payment providers, accounting systems, POS platforms, messaging services, mapping services and supplier systems. If you enable an integration, you authorise eFresh to exchange the information reasonably required for that connection.
Third-party products are governed by their own terms and privacy policies. We are not responsible for a third party’s services, security, availability, pricing or changes, although we will take reasonable care when selecting and operating integrations under our control.
8. Intellectual property
eFresh and its licensors own all rights in the website, software, designs, documentation, branding and other materials we provide, excluding Customer Data. Subject to any applicable service agreement, we grant authorised users a limited, non-exclusive, non-transferable and revocable right to use the services for the customer’s internal business purposes.
If you provide feedback or suggestions, we may use them without restriction or payment, provided we do not identify you publicly without permission.
9. Availability, maintenance and changes
We aim to provide reliable services but do not promise that the website or every feature will always be uninterrupted or error-free. Maintenance, security issues, third-party outages, internet failures and events outside our reasonable control may affect availability.
We may update, improve or discontinue website content or service features. Where a material change affects a paid service, we will provide notice as required by the applicable agreement and law.
We may suspend access where reasonably necessary to address a security risk, suspected unlawful use, non-payment or a material breach. Where practicable, we will give notice and an opportunity to resolve the issue.
10. Consumer guarantees and liability
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.
To the extent permitted by law, eFresh is not liable for indirect or consequential loss, loss of profits, loss of opportunity or loss caused by inaccurate Customer Data, unauthorised account activity, a customer’s configuration or approval, third-party services, or reliance on an unverified AI-generated output.
Any additional warranties, service commitments, liability limits or remedies applying to a paid service will be set out in the relevant proposal, order form or service agreement. Each party must take reasonable steps to minimise loss it suffers.
11. General terms
Privacy
Our handling of personal information is described in our Privacy Policy. Our use of cookies and similar technologies is described in our Cookies Policy.
Changes to these terms
We may update these terms from time to time. The latest version will be published here with its updated date. If a change materially affects an existing paid service, notice will be provided as required by the applicable agreement and law.
Severability and waiver
If part of these terms is unenforceable, it will be read down or removed only to the extent necessary and the remaining terms will continue. A delay in exercising a right does not waive that right.
Governing law
These terms are governed by the laws of Victoria, Australia. The parties submit to the courts and tribunals having jurisdiction in Victoria, subject to any rights that cannot be excluded by law.
12. Contact us
Questions about these terms can be sent to hello@efresh.au.