Ordering Portal
Terms of Use
1. Who these terms are for
The Frutiva Ordering Portal ("the Portal") is a private, business-to-business ordering system operated by Frutiva LLC ("Frutiva"). It is provided to businesses that hold an active wholesale account with Frutiva, and to the individual employees those businesses authorize to place orders.
The Portal is not open to the general public and is not intended for consumers. Access is granted by Frutiva and may be withdrawn by Frutiva.
2. Accounts and access
- Access is tied to a named individual at a specific business account. Sign-in credentials must not be shared.
- The account holder is responsible for orders placed by anyone using its credentials, and for telling Frutiva promptly when a person should no longer have access.
- Frutiva may suspend or remove access at any time, including where an account is inactive, past due, or where these terms are not being followed.
3. Orders and pricing
- Prices shown are those agreed with that business account. They are specific to that account and confidential to it.
- An order placed through the Portal is an offer to buy, not a completed sale. Frutiva confirms, amends or declines each order. Availability, quantities and delivery dates are subject to confirmation.
- Promotional pricing, volume pricing and clearance pricing apply as shown at the time an order is placed, subject to any stated conditions.
- Requested delivery dates are requests. Frutiva will confirm what is achievable.
4. Payment
- Orders may be payable on invoice terms or by check on delivery, as agreed with that account.
- Where online payment is offered, it is processed by Intuit through QuickBooks Payments. Payment is made on Intuit's own hosted payment page.
- Frutiva does not receive, handle or store card or bank account numbers. Those details are entered directly with Intuit and are governed by Intuit's terms.
- Frutiva may limit which payment methods are available to a given account.
5. Equipment service requests
Where a business already has Frutiva dispensing equipment on site, the Portal may offer a way to request service. A request is a request: it is not a scheduled appointment, and it does not create an obligation to attend within any particular time. Frutiva will respond and arrange service as circumstances allow.
6. Acceptable use
- Use the Portal only to conduct your own business with Frutiva.
- Do not attempt to access another business's accounts, orders or pricing.
- Do not attempt to probe, scrape, disrupt or reverse-engineer the Portal.
- Do not disclose Frutiva pricing to third parties.
7. Availability
The Portal is provided as-is and as-available. Frutiva does not warrant that it will be uninterrupted or error-free, and may change, suspend or withdraw any part of it. Where the Portal is unavailable, orders can be placed through your usual Frutiva contact.
8. Liability
To the fullest extent permitted by law, Frutiva is not liable for indirect or consequential loss arising from use of the Portal, including lost profits or lost business. Nothing in these terms limits liability that cannot lawfully be limited. Frutiva's obligations regarding the goods themselves are governed by the sale terms agreed with each account, not by these terms.
9. Changes
These terms may be updated. Continued use of the Portal after a change constitutes acceptance of the updated terms. The date above shows when they last changed.
10. Governing law
These terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws rules. The courts of Harris County, Texas have exclusive jurisdiction.
11. Contact
Frutiva LLC — marketing@frutiva.com