Terms and Conditions
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.
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.
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.
- 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.
“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.
- 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.
- 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
- 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.
- 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.
- 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.
- ADVERTISEMENTS ON THE SERVICE:
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.org 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.
16.1. 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.
- 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 email@example.com from the email address linked to your account.
- 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.
- 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.
- 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 firstname.lastname@example.org 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.