This Terms of service (“agreement”) is between you the [“User” or “you or “buyer”] and YOURS FRESH (collectively, “YOURS FRESH”, “we”, “our” and “us”.)

This agreement, govern your access to and use of our services, the YOURS FRESH Online Farmers Marketplace “Marketplace facilitator” allowing gardeners, ranchers, poultry farmers, dairy farmers, beekeepers, homesteaders, butchers, bakers, or any other artesian to sell their goods. , and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services, you agree to be bound by these Terms.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between YOURS FRESH and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

Therefore, the use of https://getyoursfresh.com is subject to the following terms and conditions. YOURS FRESH reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.

1. USAGE:

You may use the Services only if you agree to form a binding contract with YOURS FRESH and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify YOURS FRESH for any losses, costs or damages, including reasonable legal fees, incurred by YOURS FRESH in relation to, or arising out of, such a breach.

2. ABOUT YOURS FRESH SERVICES:

2.1. YOURS FRESH is an Online Farmers Marketplace “Marketplace facilitator” allowing gardeners, ranchers, poultry farmers, dairy farmers, beekeepers, homesteaders, butchers, bakers, or any other artesian to sell their goods. The YOURS FRESH service can be accessed from devices with Internet Connectivity, such as personal computers, tablets and smartphones. After registering on the platform, Vendors can create a customized profile revealing information about themselves.

2.2. The Services provide a venue for users to interact with each other, and to buy and sell items. YOURS FRESH does not pre-screen a user or the Content provided by a user, nor is YOURS FRESH directly involved in transactions between users. Consequently, YOURS FRESH has no control over, and you agree that YOURS FRESH is not responsible or liable for, any of the following:

• The quality, safety, morality or legality of any aspect of the items listed.
• The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.
• The true identity, age, nationality, or sense of humour of a user.
• Any Content posted by users.

2.3. You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While YOURS FRESH endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.

3. APPLICABILITY:

“These general terms and conditions (the “Conditions”) apply to:

(a). The use of any information, pictures, documents and/or other services offered by YOURS FRESH via https://getyoursfresh.com (“Website or site”); 

(b). The selling and buying of different Farm products listed displayed on the Website.

4. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS:

The Website may provide links to external Internet sites. YOURS FRESH hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. YOURS FRESH shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

5. YOUR ACCOUNT:

5.1. You will be required to create a Buyer profile account on the Site before using the Services, your username and password will be chosen by you. You are responsible for all actions taken under your chosen username and password.

5.2. By creating an account on the Site you warrant:

5.2.1. That all the details you provide are true, accurate, current and complete in all respects;

5.2.2. To only create one (1) account and to only use the Site using your own username and password;

5.2.3. Not to disclose your password to anyone and to make every effort to keep your password safe;

5.2.4. To change your password immediately upon discovering that your account has been compromised; and

5.2.5. To notify us if you suspect someone has accessed your account without permission.

5.3. YOURS FRESH reserve the right to terminate your account and to suspend or terminate your access to the Site immediately and without notice to you if:

5.3.1. You breach these Terms;

5.3.2. You are impersonating any other person or entity;

5.3.3. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or

5.3.4.  YOURS FRESH suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation

6. USE OF SERVICES/USER PROHIBITIONS:

6.1. Subject to your compliance with these Terms, YOURS FRESH grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

6.2. You shall use the Services in accordance with these Terms and shall not:

• Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, Privacy, Copyright, trademark or any other intellectual property right.
• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the services.
• Make any modification, adaptation, improvement, enhancement, translation or derivative work from the services.
• Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
• Use the Services in violation of or to circumvent any sanctions or embargo.
• Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of YOURS FRESH or its affiliates, Partners, Suppliers or Licensors.
• Use the Services for any purpose for which it is not designed or intended.
• Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by YOURS FRESH.
• Use any proprietary information or interfaces of YOURS FRESH or any other intellectual property of YOURS FRESH in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
• Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
• Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
• Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
• Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
• Collect any information in respect of other users without their consent.
• Commit any act to avoid paying any applicable fees and/or charges.
• Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory. 
• Authorise or encourage anyone to do any of the foregoing.

6.3.  YOURS FRESH reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

6.4. The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the YOURS FRESH application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the service in accordance with these terms of service.

6.5  Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the service.

6.5  Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “YOURS FRESH” name, or any of the “YOURS FRESH” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to YOURS FRESH

6.6. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of YOURS FRESH’s materials and content, the Service, YOURS FRESH name and/or trademarks, other than as set out in these Terms of Service.

7. YOURS FRESH MARKETPLACE AND PAYMENTS:

7.1 Our Service allows you to buy and sell items in an easy and fun way. You can find out more information about our Service and its features by visiting our website, https://getyoursfresh.com .

7.2. You can purchase items from the variety of products listed on the platform. When this is done, a sale transaction has been initiated.

7.3  Sale Transactions may only take place via either of YOURS FRESH’s third-party payment providers -Stripe or any relevant credit or debit cards, (Visa, Mastercard & American Express).

7.4.  Where you use Stipe to make or receive payment for a Sale Transaction, you will need a Stripe account to use the Service

7.5  To safeguard the interests of our users, you are not permitted to sell or purchase a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. Please note that selling or purchasing a Sale Item in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service.

7.6. We want our Service to be a positive experience for our users and we ask that you honor the commitments you make to another user in respect of the sale or purchase of goods and services.

7.7. Any agreement for and/or purchase of a Sale Item is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Sale Items, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Sale Item should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process.

7.8.  As we are not the seller of any Sale Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Sale Items, the truth or accuracy of any picture or description of the Sale Items or any other content made available by users, the ability of sellers to sell Sale Items, the ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Sale Item, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Sale Items are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Sale Items if they are younger than the advertised and legal age restriction.

8. RULES OF ACCEPTABLE USE:

8.1.  In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).

10.2. You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.

10.3. You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this clause 10.3

10.4. When using the Service, you must not:

10.4.1. Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.

10.4.2. Give any false or misleading information in your Account details.

10.4.3. Permit another person to use the service under your name or on your behalf unless you are a business and such person is authorised by you.

10.4.4. Use the service if we have suspended or banned you from using it.

10.4.5. Send Junk, spam or repetitive messages.

10.4.6. Engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise breaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).

10.4.7.  Modify, interfere, intercept, disrupt or hack the Service.

10.4.8.  Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
10.4.9. Collect any data from the Service other than in accordance with these Terms of Service.
10.4.10.  Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as YOURS FRESH may decide in its absolute discretion.

10.4.11. Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
10.4.12.   Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing). 

10.4.13.   Offer to sell or buy any of the items we listed as prohibited – items – YOURS FRESH has a zero-tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.

10.4.14. Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than Stripe or any relevant credit or debit cards (if applicable) available through the Service.
10.4.15. Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us.

10.4.16. Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

10.4.17. Mine data, screen scrape or crawl any part of the Service.

10.5. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):

10.5.1. immediate, temporary or permanent withdrawal of your right to use our Service;

10.5.2. immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);

10.5.3. issuing of a warning to you;

10.5.4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

10.5.5.  disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

10.5.6. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.

11. ADVERTISEMENTS ON THE SERVICE:

11.1. We and our selected business partners may provide advertising to you through the Service or by other methods such as email. This advertising may be based on your User Content or other information available through the Service. When delivering advertising we will only use information that identifies you as set out in our Privacy Policy. We may use advertising cookies to provide such advertising and you can read our cookie policy here.

12. CANCELLATION AND REFUNDS:

If for some reason a buyer needs to cancel their order with a vendor/seller, you are required to do so through the Vendor/Seller. The Vendor/Seller shall message YOURS FRESH and we will refund the money back to the customer as promptly as possible.

If a Customer has an “Issue” with a purchase, the Customer has Three (3) business days to contact the Seller and allow the Seller to address and fix the “Issue”.

If the Customer and the Seller cannot come to a resolution, the Customer has an additional five (5) business days to Email YOURS FRESH and we will refund the customer the amount owed.

As our platform facilitates transactions between the buyer and seller, we will strive to ensure that each seller maintains a return policy. The seller’s return policy shall be applicable in the first instance for means of returns and refunds, however, YOUR’S FRESH RETURN POLICY shall have an overriding effect of any Seller’s Return Policy so as to ensure that every Customer on the platform is fully satisfied.

13. OUR LIABILITY/RESPONSIBILITY TO YOU:

13.1.         You alone decide whether to proceed with a sale or purchase of a Sale Item. As such, we make no commitments regarding the Sale Items including the quality or delivery of the Sale Items, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Sale Items promoted or available through our Service, or the ability of the buyer to complete any purchase of the Sale Items.

13.2.        Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “AS IS” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
13.3         YOURS FRESH is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.

13.4         You may be able to access third party links/websites/products via the Service. YOURS FRESH is not responsible or liable for any third-party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third-party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.

13.5.        To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.

13.6.        For any other claims arising out of the provision of the Service (including without limitation any dispute between users,  in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).

13.7.        We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.

14. YOUR RESPONSIBILITY TO US:

14.1.        If YOURS FRESH is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.

15. RESOLVING DISPUTES:

Disputes with us 

15.1.         If you have a dispute with us relating to the Service, in the first instance please contact us at info@getyoursfresh.com and attempt to resolve the dispute with us informally.

15.2          Disputes with other users relating to a Sale Transaction

15.2.1       If you use Stripe and debit/credit cards to pay for a Sale Item or receive any money for a Sale Transaction you may be eligible for any of these payment channel’s Buyer or Seller Protection.

15.2.2      All purchases/sales made outside of YOURS FRESH are against our Terms of Service and are not covered by Buyer or Seller Protection. Also, non-material goods, prohibited items and meet in person transactions are not covered by Buyer or Seller Protection. Sale Transactions via any relevant credit or debit cards are not covered by Stripe Buyer and Seller Protection. 

15.2.3.     If: a) as a buyer your Sales Item has not arrived, or if what you received is significantly not as described or faulty, or b) as a seller you are sent an unauthorised payment, or a buyer claims they didn’t receive their Sale Item, you can report the issue to us within 21 days from the date of purchase/sale and we will reply to you with instructions on how to proceed.

16. SHIPPING:

16.1.        The seller is responsible for the shipment of the Sales Item to the buyer.

16.2         YOURS FRESH shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to YOURS FRESH by any competent authority the seller agrees to reimburse YOURS FRESH fully in respect of the same within 7 days of our demand.

17. CHANGES TO THE SERVICE:

17.1.         We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.

17.2.        In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content “Service Elements”. Any changes to the Service could involve Service Elements being deleted or reset.

17.3.        You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by contacting us at info@getyoursfresh.com   from the email address linked to your account.

18. CHANGES TO THESE TERMS OF SERVICE:

18.1.        We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.

18.2.        Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

18.3.        We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.

18.4.        Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.

19. LAW AND GENERAL PROVISIONS:

19.1.        As we are based in Colorado, Colorado law will apply to all disputes and the interpretation of these Terms of Service. The Colorado courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations YOURS FRESH may have in your country of residence, where YOURS FRESH is not allowed to exclude such as a matter of law.

19.2. We may assign any of our rights and obligations under these Terms of Service.

19.3.        These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and YOURS FRESH.

19.4.        YOURS FRESH will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances YOURS FRESH will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and YOURS FRESH’s other commitments.

19.5.        No third party or (except, where applicable, the permitted assign of YOURS FRESH) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

20. CONTACT, FEEDBACK AND COMPLAINTS:

20.1.        If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at info@getyoursfresh.com with the subject line ‘Terms of Service’.

20.2         We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

This agreement contains the terms and conditions that govern your access to and use of the services through a particular account or accounts and is an agreement between you or the business you represent (“you”) and YOURS FRESH with regards to the use of the Ecommerce Online Marketplace on https://getyoursfresh.com (the “website or site”).

By registering for or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this agreement, including the service terms and programme policies for each service you register for or use in connection with the YOURS FRESH site.

As used in this Agreement, “we,” “us,” and “YOURS FRESH” means the YOURS FRESH LLC named in the applicable VENDOR Terms. Capitalized terms have the meanings listed in the Definitions below. If there is any conflict between these VENDOR TERMS and the GENERAL TERMS AND CONDITIONS, the General Terms and Conditions agreement shall prevail.

1. Acceptance of this Agreement directly or indirectly shall include your affirmative action of clicking on “I Accept/I Agree” provided at the end of the Agreement;
2. Agreement shall mean this Vendor Agreement in its entirety and shall include any amendment thereto, from time to time;
3. Buyer shall mean the person who accept the Vendor’s offer to purchase the farm product through the Website.
4. Farm product(s) shall mean all kinds of farm produce exhibited and offered by the Vendor for sale on the website.
5. Selling Price shall mean the price of the goods as exhibited on the website

PERSONAL INFORMATION THAT YOURS FRESH gathers

The information gathered from the customers is used to assist Vendors in handling orders, deliver farm products and services, process payments, communicate with you about orders, farm products, services and promotional offers, update our records, customize future shopping for you and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. The information is also used to prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or any other miscellaneous functions on our behalf.

LISTING, SALE AND DELIVERY OF THE FARM PRODUCT

1. By exhibiting and listing any Farm product on the Website, you hereby agree to make an “Offer to sell” of your Farm product to the users of the Website. Further, if such offer is accepted by any user, the same shall be binding upon you.
2. The farm product shall be authenticated in nature in terms of brand name, specifications, images and costing of the farm product. The description of the farm product shall be done by the way of text descriptions, images or videos.
3. The Vendor hereby agrees that the farm product description shall not be misleading in nature, if contrary, the Vendor shall refund and permit us to refund any amounts to the buyer.
4. The Vendor hereby agrees that the Consent has been obtained for exhibiting or listing the farm product on the Website. Further, we would not be liable for claims of any manner, whatsoever, if being raised by the third party pertaining to exhibiting or listing of the Farm product.
5. The Vendor shall be solely responsible for updating the availability of the farm products on the website.
6. The Vendor shall ensure that the farm products are timely dispatched and delivered to the user.
7. The Vendor also agrees not to exhibit, advertise or list all the illegal farm products on the website. Further, if we find any such farm products, we shall have all the legal remedies under the applicable laws and this Agreement.
8. Vendor’s may be charged a listing fee in accordance with YOURS FRESH’s prevailing listing fees’ rules and charges. You acknowledge and agree that:
9. YOURS FRESH does not represent or warrant that any YOURS FRESH Fees paid or payable will lead to a like, offer, chat and by extension, sale;
10. there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; and;
11. each listing, free or paid expires after 30 days.
12. You agree to pay our applicable seller commission fees for sale transactions.

LISTING FEES

Vendor’s may be charged a listing fee to list their farm products in accordance with YOURS FRESH’s prevailing listing fees’ rules and charges.  You acknowledge and agree that:

• YOURS FRESH does not represent or warrant that any YOURS FRESH Fees paid or payable will lead to a like, offer, chat and by extension, sale;
• there will be no refunds in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms; and;
• each listing, free or paid expires after 30 days.

OUR COMMISSION

The seller of any Sale Item will pay us a commission on the total transaction amount received by the seller (including VAT and any other applicable taxes, if any, and shipping costs) in respect of any Sale Transaction (the “Commission”). If the Commission payable is less than our minimum Commission, then the seller may be required to pay the minimum Commission. Details of this fee are available on our website.

Stripe, or any of the relevant credit/debit cards may charge you an additional fee and you should ensure you are familiar with Stripe’s or any of the relevant credit/debit cards terms of use which you will have agreed to when you use any of these payment channel.

Our Commission will be deducted from your Stripe account or the funds transferred to you or your relevant credit or debit cards (whichever is applicable).

We will provide the seller of the Sale Item with an invoice detailing the Commission.

 The Commission is inclusive of taxes (where applicable).

RULES OF ACCEPTABLE USE

In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).

You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.

You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this clause.

 When using the Service, you must not:

Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.

Give any false or misleading information in your Account details.

Permit another person to use the service under your name or on your behalf unless you are a business and such person is authorised by you.

Use the service if we have suspended or banned you from using it.

Send Junk, spam or repetitive messages.

Engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise beaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Sale Items (including but not limited to import and export rules and illegal farm products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Sale Item where the seller is a business).

Modify, interfere, intercept, disrupt or hack the Service.

Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.

Collect any data from the Service other than in accordance with these Terms of Service.

 Submit or contribute any User Content (including comments and descriptions relating to Sale Items) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as YOURS FRESH may decide in its absolute discretion.

Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.

Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing). 

Offer to sell or buy any of the items we listed as prohibited – items – YOURS FRESH has a zero-tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related farm products.

Purchase or sell a Sale Item by making direct arrangements with the buyer or the seller to use a payment method other than Stripe or any relevant credit or debit cards (if applicable) available through the Service.

Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us.

Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

Mine data, screen scrape or crawl any part of the Service.

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):

• immediate, temporary or permanent withdrawal of your right to use our Service;
• immediate, temporary or permanent removal of any User Content (including the removal of Sale Items listed on the Service);
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
• We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Sale Items listed on the Service) without notice to you.

AUTOMATIC INFORMATION

We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your Web browser accesses YOURS FRESH or our partner site/s or advertisements and other content served by or on behalf of YOURS FRESH on other Websites. The designated account shall be only in the name of the Vendor in accordance with the applicable laws.

We also collect information about your interaction with our Services, your advertising preferences, and your communications with us. This is information we receive from the devices (including mobile devices) you use – when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services. This information comprises the following: Device ID or unique identifier, device type, ID for advertising, and/or unique device token.

Geo-location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings’ menu.

Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information.

E-MAIL COMMUNICATIONS

The Vendor while communicating through E-mails with us consent to receive communications via electronic records. Further, the Vendor also hereby acknowledges to waive off all the rights to challenge the service of documents, if the same is served via electronic records.

Further, we might receive information about you from other sources and add it to our account information.

We may supplement the information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publicly available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws.

We may allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites might provide us with the access to certain personal information retained by them about you. We control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to your personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we may collect, use and retain the information provided by these social media sites.

If you provide us with the personal information about someone else, you shall do so only with their explicit and prior consent. You have to inform the person the way we collect, use, disclose, and retain their personal information according to our Privacy Policy.

SHARING THE INFORMATION, WE RECEIVE

Information about our customers is an important part of our business and we are not in the business of selling it to others. YOURS FRESH shares customer information only as described below and with associates or partners under the control of YOURS FRESH Private Limited (such as its subsidiaries/agents) and that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

AFFILIATED BUSINESSES WE DO NOT CONTROL

We work closely with affiliated businesses. In some cases, such as Marketplace Vendors, these businesses operate stores at YOURS FRESH or sell offerings to you at YOURS FRESH. In other cases, we provide services jointly with or on behalf of these businesses. When a third party is involved in your transactions, we share customer information related to those transactions with that third party.

THIRD PARTY SERVICE PROVIDERS

We employ companies and individuals to perform functions on our behalf. Viz. fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. The Vendors would be provided access to personal information needed to perform their functions, which they shall not use for any other purposes without our explicit consent.

PROMOTIONAL OFFERS

Sometimes we send offers to selected groups of YOURS FRESH customers on behalf of other businesses. While sharing, we do not share the detail business your name and address. If you do not want to receive such offers, please adjust your Communication Preferences.

COMMERCIALS, TAX MATTERS AND AUDIT

1. We shall charge Marketing Fees, Logistic Service Provider Fees, and any other fees as applicable and agreed by the Vendor and us in the electronic communications. We shall have the right to amend the fee or introduce any new fee with a prior notice.
2. The Vendor shall be solely responsible for collecting and paying any taxes of any manner whatsoever in accordance with the applicable laws.
3. We shall have the right to inspect your records and premises/place of business from where the farm products are dispatched.

CONFIDENTIALITY

The Vendor hereby agrees not to disclose any of the accessed Confidential Information whether it be of the User or of YOURS FRESH.

INDEMNIFICATION

The Vendor shall indemnify and hold us harmless against any losses, damages, settlement, costs, taxes, penalty and expenses etc. Further, the Vendor shall ensure that YOURS FRESH is not made a party to any third-party claims.

TERMINATION

We can terminate the agreement by giving a Seven days’ notice to the Vendor in case of any breach of the terms of this Agreement.

BUSINESS TRANSFERS

As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that https://getyoursfresh.com , and all of its assets are acquired, customer information will of course be one of the transferred assets.

PROTECTION OF YOURS FRESH AND OTHERS

We release account and other Personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of YOURS FRESH, our users or others. This includes exchanging information with other companies, organizations, government or regulatory authorities for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.

SERVICE PROVIDERS AND FINANCIAL INSTITUTION PARTNERS

Third party service providers who help us to provide our Services, payment processing services, logistics, packaging and handling, insurance, or other value added services, assist us in providing customized advertising, to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our general terms and conditions and/or security breaches, bill collection, affiliate and rewards programs, co-branded farm products/services and other business operations can use your personal information to send you marketing communications only if you have requested their services.

Third party financial institution partners who may offer financial farm products to you, for them to provide joint content and services (such as, registration, transactions and customer support). These third-party financial institution partners will use your personal information to send you marketing communications only if you have requested their services.

REGULATORY/COMPLIANCE RELATED SHARING OF INFORMATION

We may be required to share any of your aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. You agree and consent for YOURS FRESH to disclose your information, if so, required under the applicable law.

To comply with our legal requirements, enforce our User Agreement, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property or safety.

To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history to credit agencies or bureaus as authorized by applicable national laws (e.g. information on late or missed payments or other defaults on your account that may be reflected in your credit report or file) to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal procedure, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

SECURITY OF INFORMATION

We work to protect the security of the User’s information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information the User inputs in addition to maintaining security of information as per the International Standard IS/ISO/IEC 27001 on “Information Technology Security Techniques Information Security Management System-Requirements”.

If the User has asked us to store credit/debit card information for quick check out or other purposes, we reveal only the last four digits of the credit/debit card numbers when confirming an order. Of course, we transmit the entire information to the appropriate credit card company during order processing.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

THIRD-PARTY ADVERTISERS AND LINKS TO OTHER WEB SITES

Our site may include third-party advertising and links to other Web sites. For more information about third party advertising on YOURS FRESH, including personalized or interest-based ads, please read our policy on Ads.

This Privacy Notice addresses only the use and disclosure of personal information that you provide to YOURS FRESH or that we collect from you. If you disclose your information to others, or if you are directed to a third-party website, their privacy notices and practices will apply.

YOURS FRESH cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. This is true even where the third parties to whom you disclose personal information are members, buyers or Vendors on our sites.

OTHER USER’S ACCESS OF YOUR PERSONAL INFORMATION ON OUR SITES/APPLICATIONS WHEN YOU SHARE INFORMATION.

Other users have access to the information you share on YOURS FRESH. For example, other users can see your purchases, items for sale, your collections, your portfolio, projects, names and IDs of Vendors and collections you follow, storefronts, Feedback, ratings and associated comments. Other users can also see any information you chose to share in your profile or your collections.

To help protect your privacy, we allow only limited access to other users’ contact, shipping and financial information as necessary to facilitate your transactions and collect payments. However, when users are involved in a transaction, they have access to each other’s name, User ID, email address and other contact and shipping information.

HOW YOU SHOULD USE THE INFORMATION YOU RECEIVE ON YOURS FRESH

When you are in a transaction with another user, we enable you to obtain or we may provide you with the personal information of the other user (such as his/her name, account ID, email address, contact details, shipping and billing address) to complete the transaction. We encourage you to inform the other user about your privacy practices and respect his/her privacy. In all cases, you must give the other user a chance to remove himself/herself from your database and give him/her a chance to review what information you have collected about them. You may use the personal information that you have access to only for YOURS FRESH authorised transaction-related purposes, or for other services offered through the website and for purposes expressly consented by the user to whom the information relates. Using personal information of other users that you have access to for any other purpose constitutes a violation of our user agreement.

COMMUNICATION PREFERENCES

You can control the methods by which we may contact you about your account, and your buying and selling activities in the Communication Preference section within your YOURS FRESH Profile or via electronic records.

MARKETING

This Agreement will also govern the marketing relationship between the Vendor and YOURS FRESH.

ADVERTISING

If you do not wish to participate in our advertising personalization programs, you can opt out by following the directions provided within the applicable advertisement, or directly in your profile section at our site. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes). In addition to that, we do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.

NOTICES AND REVISIONS

If the Vendor has any concern about privacy or grievances at YOURS FRESH, please contact us with a thorough description of the problem and we shall try to resolve the same at the earliest. Our business changes constantly and our Privacy Notice and the Conditions of Use will change simultaneously. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes.

Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without giving a reasonable opportunity to you to review the changes and communicate your decisions.

GOVERNING LAW

This Agreement shall be interpreted under and governed by the laws of Colorado as applied to an agreement made and wholly performed within the United States.

WAIVER

Failure to enforce compliance with any terms or conditions of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.

SEVERABILITY

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.