The words “You“, “Your“ or “User“ as used herein, refer to all individuals and/or entities accessing or using the Application and/or our Services for any reason.
“Application” shall mean the FreshOnTable Application made available by us or any other derivatives of the applications that may be provided in the future.
“Account“ means the account successfully created by you on the Application by providing information such as your name, city, phone number, contact details, user name, password and any other information as per the directions on the Application during the Registration Process and includes any further changes and additions to the information from time to time.
“Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, patents, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.
“Intellectual Property Rights” or “IPR” include
(i) all rights, title, and interest under any statute or under Applicable Law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not;
(ii) any licenses, permissions and grants in connection therewith;
(iii) applications for any of the foregoing and the right to apply for them in any part of the world;
(iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world;
(v) all extensions and renewals thereof; and
(vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
“Person” shall mean:
(i) any company, partnership, limited liability partnership, joint venture, joint stock company, trust estate, unincorporated organisation or other business entity recognised under Applicable Law;
(ii) any governmental authority; or
(iii) any individual.
By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or content or simply by accessing or making any use of the Applicationyou
(ii) represent and warrant to FreshOnTable that:
- REGISTRATION PROCESS.
2.1 In order to use the Application or any of our Services to buy and sell Products through the Application, you must create a valid Account. When registering your Account, you must provide valid and authentic supporting documents as we may specify (in accordance with Applicable Laws) and/or as may be requested by us through the Application or your Account.
2.3 You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your mobile phone/computer to prevent unauthorised access to your Account. You agree to accept responsibility for all activities that occur under your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
2.4 You shall not:
create any Account for anyone other than yourself without such person’s prior written permission;
use or create an Account with the intent to impersonate that person; or
use or create an Account that includes information that is otherwise offensive, vulgar or obscene or otherwise unlawful.
- SPECIFIC POLICIES.
any country specific terms about which you may be notified from time to time; and
- USE OF THE APPLICATION.
5.1 License for Access to Application
5.2 You may use the Application to browse, locate, view, sell or purchase Products and Services offered. To use the Application, you will need a device that meets the system and compatibility requirements for the Application, working internet access, and compatible software. The Application may be made available on stores such as Google Play, Apple App Store etc.. FreshOnTable is not responsible for and does not endorse any Products and Services offered or made available on the Application by Users.
5.3 You agree, undertake and confirm that your use of the Application shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information or content or list items that:
belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
(in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
violates any Applicable Law for the time being in force;
deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of the United States of America, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
is false, inaccurate or misleading;
creates liability for FreshOnTable or causes it \o lose (in whole or in part) the services of ISPs or other suppliers; and
(i) satisfy any Applicable Law, regulation, legal process or governmental request;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to user support requests; or
(v) protect our rights, property or safety of our users and the public.
5.5 Users shall not use the Services in order to transmit, distribute, store or destroy material, including without limitation content provided by the Services:
in a manner that will infringe the copyright, trademark, trade secret or other Intellectual Property Rights of others or violate the privacy, publicity or other personal rights of others, or
that harasses or advocates harassment of another person.
5.6 Users are also prohibited from violating or attempting to violate the security of the Services, including, without limitation the following activities: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
5.7 We reserve the right to change the nature of Services at its sole discretion. Such change may be notified to the you by publishing the same on the Application.
- USER DUTIES.
6.1 You may only use the Application for lawful purposes and in a lawful manner. You must comply with all Applicable Laws and you acknowledge that these may vary between different countries. You are obligated \to comply with laws of each applicable country applicable.
6.2 You must ensure that your Products, Services establishments/restaurants and any other items listed on the Application correspond to the images uploaded to the Application and information supplied to us. It is your duty not to place any misleading or untrue advertisement or information about your Products, Services or establishments/ restaurants on the Application.
- SALE AND FULFILMENT.
Other than where we agree to provide our Services to you in accordance with Other Service Terms (and then only in accordance with and to the extent set out in such Other Service Terms), for any of our Services that you apply to use or use (and which we agree to provide), you will:
ensure that your Products do not cause any personal injury or damage to property;
provide to us (on request) an updated copy of your trade license (if you are a corporate Person) or a copy of your passport or national ID (if you are a natural Person);
provide warranties for the sold Products that are in accordance with market practices, our guidelines and protocols, and Applicable Law(s);
fulfil delivery of your Products using one of our authorised third party courier companies (which shall be notified to you using the details provided through your Account) or by delivering the Products yourself to the buyer;
package each of your Products in a commercially reasonable manner complying with all applicable packaging and labelling requirements as provided by Applicable Law;
provide to us information regarding fulfilment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, of which we may make any of this information publicly available;
be the seller of each of your Products and not act on behalf of any other Person (in any capacity) ;
include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of your Products;
identify yourself as the seller of each of your Products on all packing slips or other information included or provided in connection with your Products and as the Person to which a customer may return the applicable product; and
- OUR POLICIES.
- FEES, PAYMENTS AND PRICING.
9.4 FreshOnTable tries to pay sellers within 30 Days from delivery or shipment date. FreshOnTable pays sellers through Stripe, a payment gateway company. As a condition of FreshOnTable enabling payment processing services, sellers will need to agree to provide FreshOnTable accurate and complete account information Incorrect information provided by sellers may delay FreshOnTable’s ability to facilitate payment in a timely fashion.
9.5 Sellers are permitted to set their own prices on the Application. Sellers will have the option to add separate, additional fee(s) for direct delivery or shipping. FreshOnTable recognizes that some food producers may sell across multiple ecommerce and online channels, including the seller’s own web store or other websites. FreshOnTable requires prices (including special promos, items or special discounts) on the Application match or be less than prices listed on all other online sites.
- YOUR WARRANTIES AND REPRESENTATIONS.
10.1 You represent and warrant that:
(iii) you have the power and licenses, permissions, authorisations, proprietary rights, consents and permits in the Products and to sell and promote Products in the territory in which they are sold via the Application;
(iv) your Products conform to applicable quality and safety standards;
(v) you to sell food grown, harvested and minimally processed direct from your boat, farm, garden or ranch;
(vi) you shall be solely responsible for any Products placed or distributed through the Application and breach of any third party contracts;
(vii) placement and sale of your Products through the Application will not be in breach of any Applicable Laws or third party rights;
(viii) you will not engage in any unfair trade practices, and/or publish any inaccurate or misleading advertisement or information about Products on or via the Application,
(ix) you will neither sell nor deliver to a customer any open, spoilt or used items, and the Products will always be fresh and in accordance with the guidelines set forth in Clause 11.2; and
(x) you understand your consumer protection obligations as a supplier and indemnify FreshOnTable against any losses or costs incurred by it in respect of your obligations under any Applicable Laws.
10.2 We reserve the right to suspend sellers in our sole judgment, with or without notice, who do not comply with FreshOnTable quality standards and practices. If anyone suspects a seller is not following our best practices, we encourage any User to contact us. FreshOnTable also reserves the right to suspend non-compliant items.
- ACCEPTABLE ITEMS
FreshOnTable encourages Users to sell food grown, harvested and minimally processed food items direct from your boat, farm, garden or ranch. At this time, sellers are only allowed to sell agriculture produce as deemed by local regulations.
12.1 There maybe times where a seller may occasionally need to provide a refund to their customers. Please email us in the event you need to facilitate a refund. Certain instances where sellers would be responsible for providing a partial or full refund are:
the buyer is unhappy with the quality of the product; or
the Product wasn’t fresh, was damaged in some way, was not delivered on time, and / or wasn’t represented accurately in the seller’s item posting; or
the seller didn’t fulfill the order as promised. For example, the quantity or weight of the product was less than promised or some/all of the order was inaccurately fulfilled; or
there was a problem with the pickup or delivery of product that caused the buyer to be unhappy with the service they received.
12.2 In circumstances such as the above you as a seller may have to undertake the return and refund for the Product, at your sole cost. On the return of the Product to the seller, a full refund will be made by the seller to the relevant customer. You will reimburse us for all costs and expenses we incur in connection with the storage, and return or disposal of any Products, if any. We, if we so elect, may dispose of any Products (and you will be deemed to have consented to our action) immediately if we determine in our sole discretion that such Products create a safety, health, or liability risk to us, our personnel, or any third party. To the extent that we elect to dispose of any such Products, title to each such disposed Product(s) will transfer to us at no cost, as necessary for us to dispose of the Product(s), and we will retain all proceeds, if any, received from the disposal.
12.3 Except for any of your Products fulfilled according to Other Service Terms, you will promptly accept and process cancellations, returns, refunds, and adjustments in accordance with the return and refund policies published on the Application and applicable to Products and our Services offered via the Application, using functionality we enable for your Account. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers. You will route any payments to customers in connection with any sale of your Product(s) through FreshOnTable via the Application. We will make any payments to customers in the manner we determine, and you will reimburse us for any amounts we pay (or we may deduct such amounts through your Account).
- DELIVERY ERRORS AND NON-CONFORMITIES.
You are solely responsible for any non-performance, non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfilment of your Products, except to the extent caused by: (a) credit card transaction failure (and where we are responsible for such failure); or (b) our failure to make available to you (with respect to any of your Products ordered through the Application), the order information and shipping information as it was received by us or resulting from address verification. You are responsible for any nonconformity or quality defect in, or any public or private recall of, any of your Products or other products provided in connection with your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls of your Products or other products provided in connection with your Products.
- INTELLECTUAL PROPERTY.
- SUSPENSION OF SERVICES.
16.2 We may suspend performance of our Services or access to an Account without liability where we have identified an actual or potential personal, financial or legal risk to the customer (which may include the following circumstances:
(ii) if you fail to reasonably cooperate with an investigation by us;
(iii) where we reasonably believe that your continued provision of any of our Services would expose you or us or our respective affiliates or customers to a material security risk or a regulatory action; or
(iv) your performance does not meet our reasonable projections).
- TERM AND TERMINATION.
- NO LIABILITY FOR THIRD PARTY.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Application, such activity would be solely between you and the third party. We shall have no liability, obligation or responsibility for any such activity.
20.1 The application and our services are provided on an “as is” basis. freshontable and its licensors and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the application, provision of services or the information, content, materials, or products included in the services or in association with the services. To the fullest extent permissible by applicable law, freshontable and its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non–infringement. FreshOnTable and its licensors and affiliates further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the services. FreshOnTable is not responsible for the conduct, of any user of the application. FreshOnTable does not warrant or covenant that our services, application will be available at any time or from any particular location, will be secure or error–free, that defects will be corrected, or that the services and access to the application is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of our services or the application is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. no advice or information, whether oral or written, obtained by any user from the application, the application or through or from the services shall create any warranty not expressly stated herein.
20.2 Neither shall FreshOnTable be responsible for the delay or inability to use the application or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the application, or otherwise arising out of the use of the application, whether based on contract, tort, negligence, strict liability or otherwise. Further, FreshOnTable shall not be held responsible for non–availability of the application during periodic maintenance operations or any unplanned suspension of access to the application that may occur due to technical reasons or for any reason beyond the application’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
20.3 These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from
(a) breach of contract,
(b) breach of warranty,
(c) negligence, or
(d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
- LIMITATION ON LIABILITY.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line- noise” interference). Without limiting the foregoing, FreshOnTable and its affiliates and suppliers will not be liable under any law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Notwithstanding anything to the contrary contained herein, FreshOnTable’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to FreshOnTable for the Services in the three (3) months immediately prior to the action giving rise to liability.
- RELEASE AND INDEMNITY.
22.1 You release FreshOnTable and agree to indemnify, defend, and hold harmless FreshOnTable, its affiliates, and its respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim“) arising from or related to:
(b) any of your other means through which you or any of your affiliates offers products or services, other than the Application,
(b) your Products (including their offer, sale, performance, and fulfilment),
(c) your Materials,
(d) any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto;
(e) any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfilment of your Products, including any of your employees, representatives, agents, contractors, or subcontractors (including any act or omission by any of them or any Claim brought or directed by any of them); or
22.2 You further agree to indemnify and hold FreshOnTable, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of
(i) your access to the Application,
(ii) your use of the Services,
During the course of your use of our Services, you may receive information relating to us or to our Services and/or Application, that is not known to the general public (“Confidential Information“). You agree that:
(a) all Confidential Information will remain FreshOnTable’s exclusive property;
(b) you will use Confidential Information only as is reasonably necessary for your participation in our Services;
(c) you will not otherwise disclose Confidential Information to any other person or third party; and
- DISCLOSURE OF INFORMATION.
FreshOnTable reserves the right to report any activity that either it suspects violates any Applicable Law to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect FreshOnTable and its customers, or to ensure the integrity and operation of FreshOnTable’s business and systems, FreshOnTable may access and disclose any information it considers necessary or appropriate, including but not limited to your Account details, contact details, IP address and traffic information, usage history, and posted content. Both FreshOnTable and you each shall protect customer data as per their respective policies and the Applicable Laws.
- USE OF TRANSACTION INFORMATION.
You will not, and will cause your affiliates not to, directly or indirectly:
(b) use any Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or Applicable Law ;
(c) contact a Person that has ordered your Product with the intent to collect any amounts in connection therewith or to influence that Person to make an alternative transaction;
(d) disparage us, our affiliates, or any of their or our respective products or services or any customer; or
(e) target communications of any kind on the basis of the intended recipient being a user of the Application. In addition, you may only use tools and methods that we designate to communicate with users of our Application regarding transactions that you carry out on it, including for the purpose of scheduling, communicating, or cancelling the fulfilment of Products.
- LINKS TO THIRD PARTY SITES.
27.1 The Application may contain links to other websites, applications (“Linked Sites“). The Linked Sites are not under the control of us and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. These Linked Sites shall be governed by their own policies. FreshOnTable is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site.
27.2 FreshOnTable is not responsible for any errors, omissions or representations on any Linked Site. The Application does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
28.3 Notwithstanding the foregoing, FreshOnTable may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its Intellectual Property Rights or the use of its Application to infringe any third party’s Intellectual Property Rights.
- INDEPENDENT PARTIES.
30.1 You represent and warrant that the country of origin of the Products is not a country subject to US or other applicable government authority sanctions prohibiting a US Person or other individual, corporation, organization or entity from importing such Products at the time of import into the destination country or at the time you list the Products on the Application or sell to the customer. You represent and warrant that all Products that you sell on the Application are not controlled under the US Export Administration Regulations (EAR), EU Dual-Use Regulations, US International Traffic in Arms Regulations (ITAR), or any other applicable government export laws and regulations.
30.1 You represent and warrant that you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
In accordance with the European Union General Data Protection Regulations, the name and contact details of the controller are as under:
Name of Controller – Tom Farquhar
32.5 Force Majeure– FreshOnTable is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.