Terms of service

Effective date: 7 August 2026

Overview

Forever Fresh Foods (Pty) Ltd trading as Proactive Foods ("Proactive Foods", "Proactive", "we", "us" or "our") is a South African food manufacturing and processing business specialising in freeze-dried products.

These Terms of Service ("Terms") govern your access to and use of the Proactive Foods website, online store, products, services and related features (collectively, the "Service"). By accessing the website or placing an order, you agree to these Terms together with any policies or terms expressly incorporated by reference.

If you do not agree to these Terms, you should not use the Service or place an order.

1. Nutritional and health information

Proactive Foods is not a medical or nutritional advisory service. Any nutritional, wellness or health-related information made available on the website or in product content is provided for general information only and is not intended to diagnose, treat, cure or prevent any medical condition.

Product-specific nutritional information is based on the information reasonably available to us at the time of publication. Customers with allergies, intolerances, medical conditions or special dietary requirements should review the relevant product information carefully and, where appropriate, consult a qualified healthcare professional before use.

2. Online store terms

By using the Service, you represent that you have legal capacity to enter into transactions in your jurisdiction or, where applicable, that you have the necessary consent to allow a minor dependent to use the Service under your supervision.

You may not use the Service or our products for any unlawful or unauthorised purpose, and you may not introduce malicious code, viruses or other harmful material into the Service.

We may suspend or terminate access to the Service where there is a material breach of these Terms, unlawful activity, fraud, abuse, security risk or other legitimate reason, subject to applicable law.

3. Card acquiring and security

Card transactions are acquired for Proactive Foods through PayGate (Pty) Ltd, an approved payment gateway for South African acquiring banks. Card payment information is processed through PayGate's secure environment and is not stored by Proactive Foods on this website.

Customer details and card details. Customer account and order information held by Proactive Foods is stored separately from card details entered through the payment gateway.

Merchant country and currency. The merchant outlet country is South Africa and transactions are processed in South African rand (ZAR), unless expressly stated otherwise.

Responsibility. Proactive Foods remains responsible for the sale of goods and services through this website, customer service, support, dispute handling and fulfilment, subject to these Terms and applicable law.

4. General conditions

We may refuse or restrict service where reasonably necessary for fraud prevention, legal compliance, stock control, safety, security, abuse prevention or other legitimate commercial reasons, subject to applicable law.

You may not reproduce, duplicate, copy, sell, resell or exploit any part of the Service without our prior written permission, except where permitted by law.

5. Accuracy, completeness and timeliness of information

We take reasonable steps to ensure that product, pricing, availability and other information on the website is accurate and current. However, errors or delays in updating information may occasionally occur.

General informational content should not be treated as professional, medical, legal or financial advice. Nothing in this section limits any responsibility we may have under applicable law for inaccurate, misleading or materially incomplete information.

6. Changes to the Service and prices

Product prices, availability and website features may change from time to time. Any change will apply prospectively and will not alter a completed order except where permitted by law or agreed with you.

We may modify, suspend or discontinue all or part of the Service where reasonably necessary. Nothing in this section limits rights arising from an existing order or other rights that cannot lawfully be excluded.

7. Products and services

Certain products or services may be available exclusively online and may be subject to quantity, geographic or stock limitations.

We make reasonable efforts to display product images, colours, descriptions and information accurately. Actual appearance may vary depending on screen settings, packaging changes and normal product variation.

We may limit quantities, discontinue products or restrict sales to particular geographic areas where reasonably necessary.

Returns, refunds, replacements and exchanges are governed by our Return and Refund Policy and by any compulsory rights available under South African law.

8. Billing and account information

We may refuse, limit or cancel an order where there is a genuine pricing or listing error, suspected fraud, stock shortage, payment problem, unlawful activity or other legitimate reason. Where an order is cancelled after payment, any refund due will be handled in accordance with our Return and Refund Policy and applicable law.

You agree to provide accurate, complete and current purchase, delivery and account information and to update it where necessary so that we can process orders and communicate with you.

9. Optional tools

We may provide access to third-party tools or services. Your use of those tools may also be subject to the third party's own terms and privacy practices.

We are not responsible for independent third-party services except to the extent that applicable law makes us responsible for our own conduct, representations or obligations in relation to them.

10. Third-party links

The Service may contain links to third-party websites or services. We do not control those third parties and are not responsible for their independent content, policies or conduct.

You should review the terms and policies of any third party before entering into a transaction with them.

11. User comments, feedback and submissions

If you provide feedback, suggestions or other submissions to us, you grant us permission to use them for legitimate business purposes, subject to applicable law and any confidentiality or privacy obligations.

You may not submit unlawful, defamatory, abusive, obscene, infringing, misleading or malicious content, or content that violates another person's intellectual property, privacy or other rights.

12. Personal information

Our collection and processing of personal information is governed by our Privacy Policy and applicable South African data-protection law.

13. Errors, inaccuracies and omissions

If the website contains a genuine typographical, pricing, availability, description or other material error, we may correct it and, where legally permitted, contact you to confirm the corrected transaction or cancel the affected order.

Any correction after an order has been placed will be handled fairly and in accordance with applicable law. Nothing in this section gives us an unrestricted right to cancel a concluded consumer transaction.

14. Prohibited uses

You may not use the Service for unlawful activity, fraud, abuse, harassment, infringement, malicious interference, unauthorised data collection, spam, phishing, scraping that breaches applicable law or our rights, or any activity that compromises the security or operation of the Service.

15. Disclaimer of warranties and limitation of liability

We do not guarantee that the website will always be uninterrupted, error-free or available at all times, although we take reasonable steps to maintain the Service.

To the extent permitted by law, Proactive Foods is not liable for loss that is too remote, was not reasonably foreseeable when the relevant transaction was concluded, or results from circumstances outside our reasonable control.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including compulsory rights and remedies relating to unsafe, defective, poor-quality or incorrectly supplied products or services, fraud, gross negligence, death or personal injury, or other conduct for which liability cannot lawfully be excluded.

16. Indemnification

To the extent permitted by law, you are responsible for loss, damage, claims or costs reasonably arising from your unlawful use of the Service, your material breach of these Terms, or your infringement of another person's rights.

This section does not require you to indemnify Proactive Foods for loss caused by our own unlawful conduct, negligence or breach of duty where liability cannot lawfully be transferred to you.

17. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue to apply.

18. Termination

You may stop using the Service at any time. We may suspend or terminate access to the Service for material breach, fraud, unlawful activity, abuse, security risk or another legitimate reason, subject to applicable law.

Termination does not remove rights or obligations that accrued before termination and does not affect any consumer right, refund, delivery obligation or other remedy that continues to apply under law or an existing transaction.

19. Entire agreement

These Terms, together with the policies and terms expressly incorporated by reference, constitute the agreement governing your use of the Service and supersede prior versions relating to the same subject matter.

Nothing in this section excludes or limits responsibility for any representation, marketing statement, disclosure or omission for which a party is responsible under applicable law.

20. Governing law

These Terms and any separate agreement under which we provide goods or services are governed by the laws of the Republic of South Africa.

21. Changes to these Terms

We may update these Terms from time to time. Updated Terms will apply prospectively from the stated effective date.

A later version of these Terms will not retrospectively alter the terms of an order already concluded, unless the change is required by law or expressly agreed with you.

22. Contact information

This website is operated by Forever Fresh Foods (Pty) Ltd, registration number 2016/132807/07, trading as Proactive Foods.

Physical address: Unit 1A, 2 Erica Way, Somerset West Business Park, Somerset West, Western Cape, 7130, South Africa
Email: info@proactivefoods.co.za

Questions about these Terms may be sent to the email address above.

23. Electronic direct marketing

Proactive Foods may send marketing communications by email, SMS, WhatsApp or another electronic channel where permitted by applicable law.

Consent to receive marketing communications is not a condition of purchasing ordinary products from Proactive Foods.

Where required, we will obtain the appropriate consent before sending electronic direct marketing. Where applicable law permits marketing to an existing customer without new consent, we will use contact details only in accordance with those legal requirements.

Marketing communications will provide a reasonably practicable way to opt out or object to further direct marketing. You may also contact us at info@proactivefoods.co.za to withdraw marketing consent or object to direct marketing.

We may retain limited suppression or opt-out information so that we can respect your preference and avoid sending further marketing communications.

Opting out of marketing does not prevent us from sending transactional or service communications reasonably necessary for an existing order, payment, delivery, account-security matter, customer-support issue or other existing contractual relationship.