Fresh Direct — Terms of Use

Last updated: 5 September 2026

These Terms of Use ("Terms") govern your access to and use of the Fresh Direct mobile application, web application, websites, APIs and related online services (collectively, the Platform).

The Platform is operated by Fresh Direct Limited ("Fresh Direct", "we", "us" or "our").

By accessing or using the Platform, creating an account, or submitting an order, purchase order, pre-booking or other transaction through the Platform, you agree to these Terms.

If you use the Platform on behalf of a company, partnership or other organisation, you confirm that you are authorised to act on its behalf and bind it to these Terms.

1. Purpose of the Platform

Fresh Direct operates a platform supporting the supply, purchase and sale of fresh produce and other products.

The Platform may allow customers and other authorised users (Buyers) to perform activities including:

• viewing products and inventory;
• viewing product availability, pricing and other product information;
• creating and submitting orders;
• adding, removing or editing order lines;
• viewing current and previous orders; and
• accessing other purchasing and account-related information.

The Platform may allow growers, suppliers and other authorised users (Growers) to perform activities including:

• viewing inventory and stock information;
• viewing invoices and transaction information;
• viewing applicable purchase or buy prices and amounts payable;
• viewing and managing purchase orders;
• pre-booking or notifying Fresh Direct of products expected to become available;
• making products available for pre-sale before they arrive at a Fresh Direct warehouse; and
• accessing other supply and account-related information.

The functionality available to individual users may differ depending on their account type, permissions, contractual arrangements and the services provided by Fresh Direct.

2. Relationship with Other Trading Terms

These Terms primarily govern your access to and use of the Platform.

Purchases, sales, supply arrangements, purchase orders, invoices, credit arrangements, payment terms, commissions, freight arrangements and other commercial transactions may also be governed by separate terms, agreements, purchase orders, invoices, account terms or other arrangements between you and Fresh Direct (Trading Terms).

If there is an inconsistency between these Terms and applicable Trading Terms in relation to a particular commercial transaction, the applicable Trading Terms will prevail to the extent of that inconsistency.

Nothing displayed on the Platform is intended to amend an existing commercial agreement unless Fresh Direct expressly states otherwise in writing.

3. Accounts

You may be required to have an approved Fresh Direct account to access some or all Platform functionality.

You must:

• provide accurate and current account information;
• keep your login credentials secure and confidential;
• not share your account with unauthorised persons;
• ensure that people accessing the Platform through your organisation are appropriately authorised;
• promptly notify Fresh Direct if you believe an account or login credential has been compromised; and
• promptly notify Fresh Direct when a user should no longer have access to your organisation's account.

You are responsible for activities carried out through your account by persons whom you have authorised to use it.

Fresh Direct may implement authentication, security, access control or other measures from time to time.

4. Authority to Place Orders and Give Instructions

Where you create, modify, cancel or submit an order, purchase order, pre-booking or other instruction through the Platform, you represent that you have authority to do so on behalf of the relevant Buyer, Grower or organisation.

You must review information carefully before submitting it.

Fresh Direct may rely on instructions submitted through an authenticated account as having been authorised by the relevant account holder, subject to any applicable Trading Terms and our rights to verify instructions where reasonably necessary.

5. Buyer Orders

The Platform may allow Buyers to create orders and add, remove or modify order lines.

The submission of an order through the Platform does not necessarily mean that Fresh Direct has accepted the order or guaranteed availability of the requested products.

Product availability may change due to factors including stock levels, product quality, supply, allocation, wastage, delivery, warehouse operations and other circumstances.

Fresh Direct may confirm, reject, adjust, allocate or otherwise process orders in accordance with its applicable Trading Terms and normal trading processes.

Where the Platform allows an order to be modified or cancelled, the ability to do so may be subject to cut-off times, order status, fulfilment progress and other operational restrictions.

6. Grower Inventory and Product Information

Information displayed to Growers regarding inventory, stock, invoices, purchase orders, buy prices, amounts payable and related matters is provided for account management and operational purposes.

Inventory information may change as products are received, inspected, graded, sold, transferred, adjusted, rejected, written off or otherwise processed.

Where Platform information differs from a final invoice, remittance statement, purchase order or other formal transaction record issued by Fresh Direct, the formal transaction record will prevail, subject to correction of any error.

If you believe information displayed on the Platform is incorrect, you should contact Fresh Direct promptly.

7. Pre-booked and Pre-sold Products

The Platform may allow Growers to notify or pre-book products that are expected to become available in the future.

Fresh Direct may use this information to market, allocate or pre-sell expected stock before the products physically arrive at a Fresh Direct warehouse.

A Grower submitting expected stock information must take reasonable care to ensure that the information provided is accurate, including expected product, quantity, quality, specification and availability date where applicable.

Unless expressly agreed otherwise, a pre-booking, forecast or indication of expected stock does not by itself guarantee acceptance, purchase or payment by Fresh Direct.

Actual acceptance of products may remain subject to applicable Trading Terms and matters such as delivery, quantity, quality, grading, condition, compliance and inspection.

Fresh Direct may update or adjust pre-booked quantities and availability where actual stock differs from the information previously provided.

8. Pricing and Information

Prices, buy prices, quantities, inventory levels, product descriptions, availability, invoices and other information displayed through the Platform may change from time to time.

Fresh Direct takes reasonable care to provide accurate information but does not guarantee that all information displayed through the Platform will always be complete, current or error-free.

Obvious errors, technical errors, duplicate transactions or incorrect pricing caused by system or data errors may be corrected.

Any applicable final price, payment obligation or entitlement remains subject to the relevant Trading Terms and transaction records.

9. Acceptable Use

You may use the Platform only for legitimate business purposes associated with your relationship with Fresh Direct.

You must not:

• use the Platform for any unlawful, fraudulent or unauthorised purpose;
• access or attempt to access another person's or organisation's account without permission;
• impersonate another person or misrepresent your identity or authority;
• interfere with or disrupt the operation, security or performance of the Platform;
• introduce viruses, malware, malicious code or other harmful material;
• attempt to bypass authentication, authorisation, rate limits, security controls or other technical restrictions;
• probe, scan or test the vulnerability of the Platform or Fresh Direct's systems without our prior written permission;
• attempt to gain unauthorised access to servers, databases, networks, APIs, accounts or data;
• use bots, scripts, crawlers, spiders, scrapers, automated agents or similar technology to access, query, copy, download, extract or interact with the Platform or its data without our prior written permission;
• make automated or systematic requests to the Platform or any API except through an integration expressly authorised by Fresh Direct;
• scrape, harvest, index, aggregate, reproduce or create a database from information available through the Platform without our prior written permission;
• reverse engineer, decompile, disassemble or attempt to derive source code, underlying algorithms, database structures or non-public APIs from the Platform, except to the extent that applicable law expressly permits this;
• circumvent or attempt to circumvent technical restrictions or access controls;
• use the Platform or its data to develop, train, benchmark or improve a competing product, service, artificial intelligence system or machine-learning model without our prior written permission;
• use information obtained through the Platform to compete unfairly with Fresh Direct or another Platform user;
• resell, sublicense or commercially exploit access to the Platform without our prior written permission;
• overload the Platform or make an unreasonable volume of requests;
• copy, modify or distribute Platform software or content except as expressly permitted by these Terms; or
• assist another person to do any of the above.

Fresh Direct may apply technical measures, including rate limiting, access restrictions and blocking, to protect the Platform and its users.

10. APIs and Integrations

Access to any Fresh Direct API, integration service or machine-to-machine interface is permitted only where expressly authorised by Fresh Direct.

Fresh Direct may impose separate API or integration terms, credentials, permissions, request limits, security requirements and technical specifications.

API credentials must be kept confidential and must not be shared with unauthorised persons.

Fresh Direct may suspend, rotate or revoke API credentials where reasonably necessary for security, operational or compliance purposes.

Unless expressly agreed otherwise, Fresh Direct may modify or discontinue an API or integration.

11. Data and Confidential Information

The Platform may contain commercially sensitive information, including:

• product pricing;
• Grower buy prices;
• Buyer pricing;
• inventory and availability;
• sales information;
• purchase orders;
• invoices;
• customer and supplier information;
• transaction history; and
• other business information.

You must use information available through the Platform only for legitimate purposes associated with your relationship with Fresh Direct.

You must not disclose another party's confidential or commercially sensitive information obtained through the Platform except where authorised, reasonably necessary for your business relationship with Fresh Direct, or required by law.

You must take reasonable measures to prevent unauthorised access to or disclosure of information obtained through the Platform.

12. Privacy

Fresh Direct may collect, use, store and disclose personal information in connection with the operation of the Platform and its business.

Our handling of personal information is governed by our Privacy Policy and applicable privacy law.

By using the Platform, you acknowledge that information may be processed as reasonably necessary to operate the Platform, administer accounts, process transactions, communicate with users, maintain security and provide Fresh Direct's services.

13. Intellectual Property

The Platform, including its software, design, interfaces, databases, text, graphics, logos and other content, is owned by or licensed to Fresh Direct and is protected by applicable intellectual property laws.

Fresh Direct grants you a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for your legitimate internal business purposes in accordance with these Terms.

Except as expressly permitted by these Terms, no intellectual property rights are transferred to you.

You retain ownership of information and materials that you provide to Fresh Direct, subject to Fresh Direct's right to use that information as reasonably necessary to operate its business, provide the Platform, process transactions and perform its obligations to you.

14. Platform Availability and Changes

Fresh Direct aims to provide a reliable Platform but does not guarantee uninterrupted or error-free availability.

The Platform may occasionally be unavailable because of maintenance, upgrades, telecommunications failures, third-party services, security incidents or other circumstances.

Fresh Direct may add, remove, modify or discontinue Platform functionality from time to time.

Where reasonably practicable, Fresh Direct will endeavour to minimise material disruption to users.

15. Security

You must take reasonable steps to maintain the security of devices, systems and accounts used to access the Platform.

You must notify Fresh Direct promptly if you become aware of:

• unauthorised access to your account;
• compromised credentials;
• suspected fraudulent activity;
• a security vulnerability affecting the Platform; or
• unauthorised disclosure of information obtained through the Platform.

You must not publicly disclose a suspected security vulnerability before giving Fresh Direct a reasonable opportunity to investigate and address it.

16. Third-Party Services

The Platform may rely on or interact with third-party services, software, networks or systems.

Fresh Direct is not responsible for failures or interruptions caused by third-party services outside its reasonable control.

Links to third-party websites or services do not constitute an endorsement of those services.

17. Suspension and Termination

Fresh Direct may suspend, restrict or terminate your access to the Platform where reasonably necessary, including where:

• you breach these Terms;
• we reasonably suspect unauthorised, fraudulent or unlawful activity;
• your use creates a security or operational risk;
• your commercial relationship with Fresh Direct ends or is suspended;
• your account is no longer authorised;
• payment or credit issues affect your entitlement to transact; or
• suspension is reasonably necessary to protect Fresh Direct, another user or the Platform.

Where appropriate and reasonably practicable, Fresh Direct may provide notice of suspension or termination.

Termination of Platform access does not affect rights or obligations arising from transactions entered into before termination.

18. Disclaimers

To the maximum extent permitted by law, the Platform is provided on an "as available" basis.

Fresh Direct does not warrant that the Platform will be uninterrupted, completely secure or free from errors.

Information displayed through the Platform is intended to assist business operations and should be considered together with applicable purchase orders, invoices, confirmations, Trading Terms and other formal transaction records.

Nothing in these Terms excludes any right or remedy that cannot lawfully be excluded.

19. Liability

To the maximum extent permitted by law, Fresh Direct will not be liable for indirect, incidental, special or consequential loss arising from use of, or inability to use, the Platform, including loss of profits, revenue, opportunity, goodwill or anticipated savings.

Fresh Direct will not be responsible for loss resulting from:

• unauthorised use of an account where the user failed to take reasonable steps to protect their credentials;
• inaccurate information submitted by a user;
• systems, networks or services outside Fresh Direct's reasonable control;
• temporary Platform unavailability; or
• reliance on information that is clearly provisional, estimated or subject to final transaction records.

Any additional limitations or exclusions of liability applying to purchases, supply arrangements or other transactions are governed by the applicable Trading Terms.

20. Indemnity

To the extent permitted by law, you are responsible for loss, damage, liability or reasonable costs incurred by Fresh Direct resulting from your unlawful use of the Platform, deliberate misuse of the Platform, material breach of these Terms, or unauthorised access caused by your failure to take reasonable security precautions.

21. Electronic Communications and Records

You agree that orders, instructions, confirmations, notices and other communications may be created, submitted, received and stored electronically through the Platform.

Electronic records maintained by Fresh Direct may be used as evidence of Platform activity and transactions, subject to applicable law and any demonstrated error.

22. Changes to These Terms

Fresh Direct may update these Terms from time to time to reflect changes to the Platform, our business practices, legal requirements or security requirements.

The updated Terms will be made available through the Platform and will state the date on which they were last updated.

Where a change materially affects users' rights or obligations, Fresh Direct will take reasonable steps to notify affected users.

Continued use of the Platform after updated Terms take effect constitutes acceptance of those Terms to the extent permitted by law.

23. General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in effect.

A failure by Fresh Direct to enforce a provision of these Terms does not constitute a waiver of that provision.

You may not assign or transfer your rights under these Terms without Fresh Direct's prior written consent.

Fresh Direct may assign or transfer its rights and obligations in connection with a sale, restructuring or transfer of its business.

24. New Zealand Law

These Terms are governed by the laws of New Zealand.

You and Fresh Direct submit to the non-exclusive jurisdiction of the New Zealand courts.

Nothing in these Terms limits any rights that cannot lawfully be excluded or limited under New Zealand law.

25. Contact

Questions regarding these Terms or the Platform can be directed to:

Fresh Direct Limited
29 Clemow Drive
Mount Wellington, Auckland
New Zealand
Email: support@jpt.co.nz
Phone: 09 573 4100