Terms and Conditions

Last Updated: March 5, 2026

1. Acceptance of Terms and Corporate Structure

By accessing or using the StilFresh website, digital platforms, reports, inspection services, or advisory services (collectively, the "Services"), the user ("Client", "you", or "your") agrees to be legally bound by these Terms and Conditions ("Terms").

If you do not agree to these Terms, you must immediately cease use of the Services.

StilFresh operates through legally distinct and independent entities incorporated in multiple jurisdictions, including but not limited to:

  • StilFresh Ltd (United Kingdom)
  • StilFresh (Pty) Ltd (South Africa)
  • StilFresh Cameroon

Each entity operates under the laws and regulatory frameworks of its jurisdiction. Any Services provided to a Client shall be deemed to be delivered by the relevant contracting entity identified in the applicable service agreement or invoice.

Where Services involve collaboration between entities across jurisdictions, such cooperation does not create joint liability, partnership, agency, or joint venture between the entities. Each entity shall remain legally responsible only for the Services it directly performs.

StilFresh reserves the right to amend these Terms at any time. Updated Terms become effective upon publication on the StilFresh website or notification to users. Continued use of the Services constitutes acceptance of the revised Terms.

2. Nature of Services

StilFresh provides specialized cargo risk, claims recovery, inspection coordination, and analytical services within the logistics and insurance sectors.

Services may include, but are not limited to:

  • Cargo claims recovery assistance
  • Loss analysis and liability assessment
  • Remote cargo inspections and digital surveying
  • Cold chain monitoring analysis
  • Risk advisory and cargo damage investigation
  • Survey coordination with third-party inspectors
  • Documentation analysis and recovery strategy advice

StilFresh acts solely as an independent service provider and advisor. StilFresh does not act as insurer, adjuster of record, legal counsel, carrier, freight forwarder, or surveyor of record unless expressly agreed in writing.

All assessments, reports, or recommendations are professional opinions based on the information available at the time and do not constitute guarantees, certifications, warranties, or legal determinations of liability.

3. Client Responsibilities

The Client represents and warrants that:

  • All documents, records, temperature data, photographs, videos, and information provided to StilFresh are accurate, complete, and not misleading
  • The Client has the legal right and authority to provide such information
  • The Client has authority to instruct StilFresh regarding the claim or cargo matter

StilFresh shall not be responsible for any losses, incorrect conclusions, or failed recovery efforts resulting from incomplete, inaccurate, altered, or delayed information supplied by the Client or third parties.

The Client remains solely responsible for preserving legal rights, limitation periods, and claim notifications against carriers or other parties.

Use of StilFresh Services does not suspend or extend statutory limitation periods.

4. No Cure No Pay Claims Recovery

Where agreed in writing, claims recovery services may be offered on a No Cure No Pay basis.

Under this arrangement:

  • StilFresh is entitled to a success fee only if funds are actually recovered
  • The applicable percentage fee and payment structure will be defined in a separate service agreement

For avoidance of doubt:

  • Recovery efforts do not guarantee recovery
  • StilFresh does not guarantee settlement outcomes
  • Recovery depends on factors including but not limited to liability evidence, contractual terms, jurisdiction, insurer cooperation, and carrier solvency

StilFresh reserves the right to decline, suspend, or discontinue recovery efforts where claims are determined to lack reasonable legal or evidential merit.

5. Inspection and Technical Assessments

StilFresh may provide remote inspections, digital surveys, or technical damage analysis.

Such services may rely on:

  • Video streams
  • Photographs
  • Sensor data
  • Temperature records
  • Client-provided documentation
  • Third-party inspection reports

These assessments represent professional interpretations of available information and are inherently subject to limitations.

Remote inspection services cannot replicate the evidentiary completeness of physical inspection and may not identify latent or concealed defects.

Accordingly:

  • StilFresh does not warrant that remote inspections will detect all defects, damage, or causation factors
  • Clients remain responsible for determining whether physical inspection or independent surveyors are required

6. Limitation of Liability

To the maximum extent permitted by applicable law, StilFresh shall not be liable for:

  • Indirect damages
  • Consequential losses
  • Loss of profit
  • Loss of revenue
  • Loss of cargo market value
  • Loss of contracts or commercial opportunities
  • Reputational harm
  • Business interruption

Under no circumstances shall StilFresh's aggregate liability exceed:

  • the total fees actually paid by the Client to StilFresh for the specific service giving rise to the claim

Where Services are provided on a No Cure No Pay basis, StilFresh's liability shall be limited to £1,000 (or local equivalent).

This limitation applies regardless of legal theory, including:

  • contract
  • negligence
  • tort
  • strict liability
  • statutory claims

7. Disclaimer of Warranties

All Services are provided "as is" and "as available."

StilFresh expressly disclaims all warranties, whether express or implied, including:

  • merchantability
  • fitness for a particular purpose
  • professional outcome guarantees
  • claim recovery success
  • completeness of inspection findings
  • uninterrupted or error-free service

No advice, analysis, report, or recommendation issued by StilFresh shall constitute a legal opinion or binding determination of liability.

8. Intellectual Property

All materials produced by StilFresh including but not limited to:

  • inspection reports
  • analytical models
  • claim strategies
  • methodologies
  • templates
  • databases
  • written reports
  • training materials
  • graphics
  • software tools

remain the exclusive intellectual property of StilFresh.

Clients receive a limited, non-transferable license to use reports solely for the purpose for which they were issued.

Reports may not be reproduced, distributed, published, or used in marketing materials without written permission.

StilFresh retains the right to reuse anonymized data, methodologies, and analytical learnings for research, development, and improvement of its Services.

9. Client Data and Submitted Materials

By submitting any data or materials to StilFresh, the Client grants StilFresh a non-exclusive worldwide license to store, process, analyze, reproduce, and transmit such materials for the purpose of delivering the Services.

The Client warrants that submission of such materials does not violate any third-party rights, confidentiality obligations, or laws.

The Client agrees to indemnify StilFresh against any claims arising from unlawful submission of such data.

10. Confidentiality

Both parties agree to maintain confidentiality of non-public information exchanged in connection with the Services.

Confidentiality obligations do not apply to information that:

  • becomes publicly available without breach
  • was lawfully obtained from third parties
  • must be disclosed under law, regulation, or court order
  • is required to enforce contractual rights

StilFresh may disclose relevant claim information to surveyors, insurers, carriers, lawyers, or technical experts where necessary to perform the Services.

11. Time Limitation for Claims

Any legal claim against StilFresh must be initiated within twelve (12) months from the date the cause of action arises.

Failure to initiate proceedings within this period shall constitute permanent waiver of the claim.

12. Governing Law

Services shall be governed by the laws of the jurisdiction of the contracting StilFresh entity.

Accordingly:

  • United Kingdom services: Governed by the laws of England and Wales
  • South Africa services: Governed by the laws of the Republic of South Africa
  • Cameroon services: Governed by the laws of the Republic of Cameroon

Each jurisdiction shall have exclusive authority over disputes arising from services delivered by its respective entity.

13. Arbitration for Cross-Border Matters

Where Services involve multiple jurisdictions, disputes shall first be resolved through confidential arbitration under the International Chamber of Commerce (ICC) Rules.

  • The seat of arbitration shall be London, unless otherwise agreed
  • The arbitration shall be conducted in English
  • The arbitral award shall be final and binding

14. Indemnification

The Client agrees to fully indemnify and hold harmless StilFresh, including its directors, officers, employees, contractors, and affiliated entities, from any claims, liabilities, damages, or expenses arising from:

  • inaccurate information supplied by the Client
  • misuse of reports or advice
  • failure to preserve legal rights
  • third-party claims arising from the Client's cargo or business operations
  • violation of applicable law

15. Termination

StilFresh may suspend or terminate Services at any time where:

  • the Client provides inaccurate information
  • the claim lacks legal merit
  • continued engagement exposes StilFresh to legal or reputational risk
  • payment obligations are not met

Upon termination, all outstanding fees become immediately payable.

16. Severability

If any provision of these Terms is determined to be unenforceable, the remaining provisions shall remain fully enforceable.

17. Entire Agreement

These Terms, together with any executed service agreement or engagement letter, constitute the entire agreement between the parties. No verbal statements or prior communications shall modify these Terms unless confirmed in writing by StilFresh.

18. Contact

For legal inquiries regarding these Terms:

Email: [email protected]