Terms and Conditions

For the purpose of this agreement, Good Food Network is a product developed and owned by Good Food Network PTY LTD (Reg Nr 2021 / 302155 / 07).

WE OPERATE AS AN INDEPENDENT TRADING PLATFORM AND WE ARE NOT AGENTS ACTING ON BEHALF OF ANY THIRD PARTY.

By signing up with Good Food Network you agree to the following terms of service. These terms may be updated from time to time, so we advise you to check back to ensure that changes do not impact you.

Terms of Service for Hubs and Suppliers Hereon Referred to as Sellers

To activate your service you will need to complete the appropriate registration process and justify how your business aligns to the principles of the Good Food Network.
You are responsible for keeping your login information and passwords secure. Good Food Network does not have access to your password.
You are responsible for all the content (text, images, t’s and c’s) you upload.
You will not upload any illegal material.
You will not attempt to upload any malicious code (viruses, worms).
We reserve the right to deactivate or delete your account for any reason at any time.
We take no responsibility for the success of your listing/ online store using Good Food Network. You use the service at your own risk. The service is offered as is.
Good Food Network does not save any credit card details, these are stored at 3rd party partners.
Good Food Network implements external payment gateways. We cannot take responsibility for any errors which may occur whilst using these 3rd party services.
Good Food Network will under no circumstances be liable for any loss or damage you may have using the Good Food Network service.
SUPPORT queries will be managed through the provided support channels.
Good Food Network belongs to Good Food Network PTY LTD, content you upload belongs to you, if you wish to remove content from our servers you need to delete your account.
Good Food Network charges a platform fee for each transaction.
Clients may cancel at any time, by sending a cancellation notice to support@goodfoodnetwork.co.za.
We may change these terms from time to time, it is your responsibility to keep up with these changes.

General Good Food Network Platform

GOOD FOOD NETWORK Platform TERMS OF SERVICE (“Platform TERMS”).

THESE Platform TERMS ARE EFFECTIVE AS OF: 01 MAY 2024 “EFFECTIVE DATE”.

READ THESE Platform TERMS CAREFULLY BEFORE UTILISING OUR Platform. YOUR CONTINUED USE OF THE GOOD FOOD NETWORK Platform INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE Platform TERMS. YOU CANNOT USE THE GOOD FOOD NETWORK Platform SERVICE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL BUYERS AND SELLERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

INTRODUCTION

1.2. These Platform Terms, including any document incorporated by reference herein, including, but not limited to the Terms and Conditions (collectively, the "Terms") apply to the supplier and buyer making use of the Platform.

1.3. Selling goods or services to a Buyer through the use of the Platform after the Effective Date will signify that the Supplier has read, understands, accepts, and agrees to be bound, and are bound, by these Platform Terms in such supplier’s individual capacity and/or for and on behalf of any entity for whom the supplier utilises the Platform. Further, the supplier represents and warrants that the supplier has the authority to do so and that in the case of a supplier being a natural person, the supplier is a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

1.4. To the extent permitted by applicable law, we may modify the Platform Terms with prospective effect with or without prior notice to suppliers, and any revisions to the Platform Terms shall be noted within such Platform Terms and will take effect when posted on the Website, unless a later date is otherwise stated in the revised Platform Terms. A supplier’s continued sale of goods to buyers utilising the Platform will be construed as a supplier’s consent to the amended or updated Platform Terms, and will be conditional upon the Terms in force at the time of use. A supplier’s only remedy, should such supplier not agree to these Platform Terms, is to no longer make use of the Platform.

1.5. We do not accept any suppliers, or representatives of suppliers, under the age of majority or who otherwise do not have the relevant capacity to be bound by the Platform Terms, unless such supplier has, through their parent or guardian, consented to the terms hereof.

LEGALLY BINDING AGREEMENT

2.1. If you accept or agree to these General Terms for or on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these General Terms and, in such event, "you", “yourself” and "your" will refer and apply to that company or other legal entity.

1.2. These General Terms are specific terms agreed by you and must be read and understood in conjunction with the Buyer Terms and the Supplier Terms for the Site. In the event of any conflict between these General Terms and the Buyer Terms or the Seller Terms then the provisions of those Buyer/Seller Term documents shall prevail.

TERMINOLOGY

3.1. Please refer to GFN’s Definition Guidelines for general terms used throughout the platform. The following terminology applies to these Platform Terms:

3.1.1. “buyers” shall mean the person or entity purchasing goods from the supplier utilising the Platform;

3.1.2. “Platform” shall refer to Good Food Network Online Platform platform and carry the definition as set out in clause 3.1 below;

3.1.3. “Services” shall mean the services as provided to the supplier and set out more fully in the Terms and Conditions, which Terms and Conditions can be located HERE; and

3.1.4. “supplier” shall mean the person or entity making use of the Platform as provided by Good Food Network.

3.2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Platform SERVICES

4.1. The Platform provides a service which enables a supplier to create their own online store on Good Food Network and accept payments whilst utilising the service through a payment processor, being Payfast.

4.2. It is specifically recorded that:

4.2.1. a card holder’s details shall not pass through or be stored on any Good Food Network server irrespective as to whether the buyer is a regular purchaser or not. Sensitive cardholder details are directly transmitted from a buyer’s browser to Payfast’s systems. Good Food Network’s staff and other electronic systems do not have any access to card numbers or other financial information at any time;

4.2.2. a cardholder may when purchasing from a supplier on Good Food Network, elect to have their details stored by Payfast, but Good Food Network shall have no access to this stored information; and

4.2.3. Good Food Network is unable to access any information as provided to Payfast by a buyer.

4.3. In accepting these Platform Terms the supplier agrees to be bound by the terms and conditions as put in place by Payfast from time to time. In the event of there being an inconsistency between Good Food Network’s terms and those of Payfast, the terms of Payfast shall supersede those of Good Food Network’s only insofar as the subject of processing payments may be concerned.

NO ENDORSEMENT

5.1. We do not endorse any Member.

5.2. Members are required to provide accurate information, and although we may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

5.3. Any references in the Site to a Member being "verified" or "connected" (or similar language) only indicates that the Member has completed a relevant verification process, and does not represent anything further.

Any such description is not an endorsement, certification or guarantee by us about any Member, including the Member's identity and whether the Member is trustworthy, safe, suitable or responsive. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site. We therefore recommend that you always exercise due diligence and care when deciding to conclude any sale transactions, or to have any other interaction with any other Member.

5.4. By using the Site you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree to fully indemnify us and not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.

TAXES

6.1. Tax laws or regulations may require us to collect appropriate tax information from Members. We reserve

the right to request all required VAT and tax certificates of registration as deemed appropriate. We reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

6.2. We cannot and do not offer tax-related advice to any Member. You understand and agree that you are solely responsible for:

6.2.1. determining your applicable Tax reporting requirements;

6.2.2. determining the Taxes that should be included, and for including Taxes to be collected or to be paid by you;

10.2.3. remitting to the relevant authority any Taxes included or received by you.

7. PAYMENT METHODS FOR BUYERS

7.1. Payfast supports most payment methods including credit and debit cards.

7.2. The supplier undertakes to be solely and exclusively responsible for:

7.2.1. the use of the Platform; and

7.2.2. all transactions made through Payfast by the buyer.

4.3. Good Food Network shall not be held liable for any payments which are authorised and which may later be reversed or charged back for any reason.

PAYMENT TO SUPPLIER

8.1. Good Food Network shall make payment to the supplier each Friday (unless the Friday is a public holiday, in which case the next business day) in respect of the accumulated sales for such supplier calculated from the Tuesday of the preceding week to the Tuesday of the current week, by way of EFT, and into the supplier’s nominated banking account.

8.2. It takes approximately 3 days for payouts from Payfast to clear in a supplier’s account. Payouts arrive in the Good Food Network account and after deductions get paid to suppliers on the same day, with one day to clear in the supplier’s account.

8.3. In receiving funds and paying the supplier, Good Food Network is not assuming the role of a bank, a registered financial institution, or portraying that it is in the business of providing money or financial services. Good Food Network is merely receiving and temporarily holding these funds in its capacity as an agent for the supplier.

8.4. The payment made to the supplier shall be that paid by the buyer through Payfast less any and all transaction fees as levied by Payfast which at present amount to: Cards: 2.5% + R2,00; EFT: 1.25% ; Payout: R5 and which amounts are exclusive of VAT. These transaction fees are those levied by Payfast and not Good Food Network, and are subject to change.

8.5 Good Food Network will do its best to make sure that payments are made on the nominated day (Friday) of every week. Due to our reliance on our upstream payment providers and South African banks, there may from time to time be a delay that is out of Good Food Network's control. If a delay is encountered, payments will be made as soon as possible thereafter. The supplier hereby indemnifies Good Food Network for any liability whatsoever which might arise therefrom.

8.6 Please note that this is a beta version of the Good Food Network Platform which is still undergoing final testing before its official release. The service, its software and all content found on it are provided on an “as is'' and “as available” basis. Good Food Network does not give any warranties, whether express or implied, as to the suitability or usability of the website, its software or any of its content.

8.7 Good Food Network will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the Platform service, its software or content. Any transactions or usage of the service is done at the supplier and/or buyer's own risk and the supplier will be solely responsible for any damages or loss of data that results from such activities.

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GOOD FOOD NETWORK’S ASSISTANCE

9.1. Good Food Network will use its best endeavors to provide buyer support in order to assist the supplier in resolving any issues that may arise from the buyer’s and supplier’s use of the Platform.

9.2. The onus shall however rest on the supplier relating to the final resolution of any disputes as between itself and its buyers, be they in respect of products supplied by the supplier or the Platform.

CHARGEBACKS

7.1. In the event of a buyer instituting a chargeback against payment made to a supplier arising out of a dispute, whether it be in respect of inter alia goods not being delivered, being delivered in an unacceptable condition or out of time, alternatively as a result of an alleged fraudulent transaction raised on the buyer’s card, both the buyer and the supplier recognise that that Good Food Network shall not be viewed as being a party to either the transaction, or the outcome as to the success or failure of the chargeback.

10.2. Both the buyer and the supplier realise that there exists a risk of non-payment or non-refund, and the final outcome shall rest with the buyer’s banking institution. Both the buyer and the supplier agree that the decision of the banking institution shall be final and binding on both of them.

10.3. In the event of a chargeback being initiated for any reason whatsoever, both the buyer and the supplier hereby indemnify Good Food Network for any liability whatsoever which might arise therefrom.

10.4. Good Food Network specifically reserves its right to recover any chargeback funds from the party concerned which may have been incurred as a result of any chargeback.

10.5. Should, at the sole and absolute discretion of Good Food Network, a supplier for whatever reason have an excessive number of chargeback requests levied against it, then Good Food Network reserves the right to suspend or terminate the Platform Service at its discretion in respect of such supplier.

10.6. In the event of either the supplier or the buyer being made aware of any fraudulent act or transaction, they are to contact Good Food Network at this address: hello@goodfoodnetwork.co.za.

COMMENCEMENT & TERMINATION

11.1. These Platform Terms shall commence on the Effective Date, and shall continue for as long as the supplier or buyer, as the case may be, continues to make use of the Platform Services.

SURVIVAL

12.1. Clauses which out of necessity or by implication herein survive termination of these Platform Terms, shall remain in full and effect despite the termination hereof.

RESERVATION OF RIGHTS

13.1. Good Food Network reserves the right to terminate the Platform Services as set out in the Platform Terms in its sole discretion, and to refuse the supplier any and all future use of the Platform if the supplier or buyer (as the case may be) is in breach of either the Terms and Conditions or these Platform Terms.

PROHIBITED ACTIVITIES

14.1. The supplier and buyer may not make use of the Platform in an attempt to or the performance of any one or more of the activities set out in this clause 13, with each activity in isolation being termed as a prohibited activity:

14.1.1. violation of any laws, statutes, ordinance or regulations;

14.1.2. undertaking, initiating, aiding or abetting criminal activity of any kind, including but not limited to, malicious hacking, illegal gambling operations, money laundering or the financing of terrorists or terrorist activity;

14.1.3. any objectionable or unlawful purpose, including the posting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material as well as unsolicited advertising, bulk emailing of commercial advertising, sending chain mails, requests on behalf of charities, calling for the signature of petitions as well as informational announcements;

14.1.4. take any action, including but not limited to those set out above, that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including spam or other unsolicited mass e-mailing techniques (whether automated or not);

14.1.5. use the Platform for any illegal purpose or in violation of any national/international law or other applicable legislation, which shall include laws relating to the payment of taxes and respect to privacy together with any obligations that a supplier or buyer may owe to third parties;

14.1.6. post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which the supplier or buyer is not authorised to transfer to another party;

14.1.7. conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;

14.1.8. mislead or deceive others through any act or omission or make a false representation about any party’s identity, including the impersonation of a real or fictitious person or entity, or using an alternative identity or pseudonym;

14.1.9. use the Platform in order to harass, abuse, defame, threaten, instigate or initiate any action that may be viewed as harmful or unlawful against a third person or entity;

14.1.10. use the Platform in an attempt to obtain personal information of other buyers, suppliers or Good Food Network, without consent;

14.1.11. use the Platform as a front for a debt collection agency or banking institution;

14.1.12. depositing funds into, alternatively in any other manner, supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes, high-yield investment programmes, or any cause which may be seen to be obscene, defamatory, libelous, threatening, pornographic, hateful or racially offensive;

14.1.13. use the Platform as a front, or alter ego decoy in order to receive fraudulent funds, or what may be perceived by Good Food Network to be fraudulent funds;

14.1.14. use the Platform in a manner that is or may be perceived to be an abuse or violation of the Platform or rules which govern same;

14.1.15. use the Platform as a vehicle to provide itself or assist third-parties in obtaining cash advances from a credit card;

14.1.16. use the Platform in a manner which facilitates a transfer between two banking accounts owned by the same person and held in the same name;

14.1.17. use the Platform to control linked accounts, which are, have, or may be engaged in the above activities;

14.1.18. use the Platform in an abusive manner resulting in complaints, disputes, reversal of payments, chargebacks, fees, fines, penalties and other liabilities to Good Food Network, a buyer, a third-party or a supplier;

14.1.19. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment on the Website or in relation to the Platform;

14.1.20. crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing the Website;

14.1.21. remove or alter Good Food Network’s copyright notices or other means of identification including any watermarks, as they appear on the Website; and

14.1.22. distribute or publish any part of the information or content included in the Platform on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public, in a manner that casts Good Food Network in a bad light.

14.1.22 contact any other User and/or Member for any purpose other than asking a question related to a listing or a product.

14.2. In the event of Good Food Network suspecting that a supplier or buyer is acting, or assisting a third-party to act in this manner, it reserves the right to collect evidence to prove or disprove such activities, which evidence may include but not be limited to IP addresses, business names, telephone numbers and e-mail addresses.

LIMITATION ON GOODS TO BE SOLD BY THE supplier

15.1. The following items shall not be recognised as goods by Good Food Network, and accordingly may not be sold through the use of the Platform:

15.1.1. live insects or animals;

15.1.2. shipments of any materials prohibited by national, provincial or local law;

15.1.3. sale of alcohol, narcotics, controlled substances and the paraphernalia associated therewith;

15.1.4. an item which may be interpreted as being one of intellectual property infringement.

LIMITATION OF LIABILITY AND INDEMNITY

16.1. The Platform shall be used entirely at the supplier’s and the buyer’s own risk.

16.2. The supplier and the buyer hereby indemnify Good Food Network, and agree to keep Good Food Network indemnified, from and against any claim, loss, damage, cost or expense that Good Food Network may suffer or incur as a result of or in connection with the supplier’s or the buyer’s use of or conduct in connection with the Platform or the Website, including any breach by the supplier or the buyer of the Platform Terms or any applicable law or licensing requirements.

16.3. To the maximum extent permitted by law, Good Food Network excludes all implied representations and warranties which, but for these terms, might apply in relation to the supplier’s or buyer’s use of the Website or the Platform.

16.4. To the extent that Good Food Network’s liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to the supplier or buyer will be limited to the minimum amount imposed by such law.

16.5. Notwithstanding anything to the contrary in these terms, in no circumstances will Good Food Network be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.

16.6. Good Food Network shall not be liable for delays, interruptions, service failures or other problems that may be caused as a result of the use of the internet and electronic devices and communications outside of its reasonable control.

16.7. Without limiting the generality of the foregoing, Good Food Network makes no warranty that the Platform will meet either a supplier or a buyer’s requirements, or that the Platform will be uninterrupted, timely, secure, error free or that defects in respect of the Platform will be corrected, nor that it will be virus free.

16.8. Both the supplier and the buyer accept that access to the Platform may be restricted on occasion due to necessary updates and maintenance being carried out on the Website.

16.9. Except for any express warranties in these Platform Terms, the Platform is provided on an “as is” basis and used at the supplier and buyer’s own risk.

16.10. Good Food Network makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.

CONFIDENTIALITY

17.1. Confidential information means any documents or information created, received or obtained from Good Food Network, together with information relating to Good Food Network as well as non-public information pertaining to Good Food Network’s business (including, without limitation pricing information, any related entities, the identity of suppliers, and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.

17.2. The supplier and buyer may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.

17.3. Where a supplier or buyer is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

17.4. The supplier and/or buyer shall notify Good Food Network immediately upon becoming aware of a suspected or actual breach of this obligation.

17.5. Good Food Network will not disclose or make available to any third party, directly or indirectly, any supplier’s Confidential Information, except where Good Food Network has the supplier’s permission, where the Confidential Information is already in the public domain (through no breach of the Terms), in furtherance of the supplier’s use of the Platform, to enforce these Terms or if legally compelled to do so.

GENERAL

18.1. Our failure to enforce any provision of the Platform Terms shall not constitute a waiver of such provision. Further, any consent to depart from the Platform Terms shall be ineffective unless it is confirmed in writing and signed by us.

18.2. Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

18.3. The rights, powers and remedies provided to us in these Platform Terms are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of these Platform Terms.

18.4. These Platform Terms constitute the entire agreement in as far as the provision of the Platform are concerned. The supplier acknowledges and agrees that it has not relied on any representations by Good Food Network except those contained in these Platform Terms.

18.5. The laws of the Republic of South Africa shall apply to these Terms.

18.6. Any claims, legal proceeding or litigation arising in connection with these Terms shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.

18.7. Good Food Network may assign or novate any of our rights or obligations under these Terms without a supplier’s or buyer’s consent. A supplier and/or buyer may not assign or novate any of his/her/its rights.

18.8. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.

APPLICATION OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("ECT ACT")

19.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by Good Food Network if and when Good Food Network responds to the Data Messages.

19.2. Data Messages sent by Good Food Network to a supplier or buyer will be deemed to have been received by the supplier or buyer, as the case may be, in terms of the provisions specified in section 23(b) of the ECT Act.

19.3. Suppliers acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between the supplier, a buyer and Good Food Network.

INFORMATION TO BE PROVIDED IN TERMS OF SECTION 43(1) OF THE ECT ACT:

20.1. The supplier and buyer warrant that Data Messages sent to Good Food Network from any electronic device used by it/he/she from time to time, were sent and or authorised by such user, personally.