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, phone number, email, 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.
3.1 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.
3.3 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.
3.4 You shall not:
6.1 License for Access to Application
6.2 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.
6.3 You agree, undertake and confirm that your use of the Application shall be strictly governed by the following binding principles:
6.5 Users shall not use the Services in order to transmit, distribute, store or destroy material, including without limitation content provided by the Services:
(i) 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
(ii) that harasses or advocates harassment of another person.
6.6 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 email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
6.7 We reserve the right to change the nature of Services at our sole discretion. Such change may be notified to you by publishing the same on the Application.
6.8 If you have first contacted any User through the Platform, you must not communicate with such User or otherwise buy or sell any Products from or to such User directly or indirectly by any means other than through the Platform. If you buy or sell any Products from or to a User by any communication other than through the Platform, after you and such User having made the first contact through the Platform, you and such User shall each be liable to make payment to us of an amount that is equal to [30%] of the value of the Products sold/purchased immediately upon receipt of a written demand from us.
6.9 We do not allow anyone to use the Platform for any marketing or promotional purposes (unless otherwise agreed in writing), or communications of any type soliciting business from our direct or indirect competitors.
7.1 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 the laws of each applicable country applicable.
7.2 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.
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:
10.4 FreshOnTable tries to pay sellers within 30 Days from delivery or shipment date. FreshOnTable will transfer the money to the sellers’ bank account within 30 days of receiving the money from the buyer for that particular transaction. 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 ability to facilitate payment in a timely fashion.
10.5 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.
10.6 At the Seller’s sole discretion, Credit Limit and Credit Terms will be assigned to each Buyer. This is a private arrangement between the Buyer and Seller and FoT will not be responsible in any way whatsoever for risk of nonpayment when due, if any. The Buyer accepts and acknowledges that any request for Goods, the value of which exceeds the Buyer’s agreed credit limit, will allow the Seller to refuse or halt the supply of Goods to the Buyer, until such time as the amount in excess of the credit limit has been paid, in accordance with normal trading terms.
11.2 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.
FreshOnTable encourages Users to sell food grown, harvested and minimally processed food items direct from your boat, farm, garden or ranch. Besides food farmed and foraged, sellers may also sell a handful of non-food items (as listed below). FreshOnTable will continue to review additional products for approval. Products that do not meet our requirements will be removed, and will no longer appear on the Application. Please contact us with questions or product recommendations.
12.1 Fruit and Vegetables
All fruit, vegetables, mushrooms and plant products are acceptable. These on-farm items may be fresh or minimally processed (e.g dried, frozen, preserved). Examples include but are not limited to: frozen berries, dried mushrooms, dried herbs, pureed fruit, jam or jelly. If using ingredients from other farms to make preserves, please list farms and make sure they abide by our farming standards and practices.
Fresh, frozen, dried and canned seafood are acceptable if harvested by or for the producer / fisher represented in that store. Filets and whole fish, jerky, roe, smoked seafood and lox are also acceptable. If you want to sell variable weight items / seafood, please contact us directly. All seafood should meet 'Green - Best Choice' practices according to Monterey Bay Aquarium’s Best Choice Seafood Watch program.
In addition to fresh milk, cream and eggs, dairy products made by the producer may be sold on the Application. Cheese, butter, yogurt, kefir and other fermented and aged dairy products are allowed if they are made specifically using a single farm's milk, with the intention of being sold by the farmer. Dairy products from third party producers are not allowed.
We welcome the sale of poultry by the cut or by the whole bird.
Sellers are welcome to list meats by the cut or by shares of an animal. Sellers can set a flat price for a share of the animal (1/4 share of beef) or ask for a deposit (we charge final hanging weight separately - email us for more info). Please include all slaughter and butcher fees in the price of posted meat and / or include butcher contact info in your item details. Dried meat jerky and sausage(s) without additives are allowed (e.g. no corn syrup or pineapple juice are allowed; dried herbs and salt and pepper are acceptable; contact us on firstname.lastname@example.org for more info).
Honey and syrups are allowed provided they contain no additives. Other edible products from the hive are also allowed (i.e. bee pollen, comb, propolis). Other shelf-stable pantry items include but are not limited to seeds, nuts, grains, pickles, kimchi, flour (milling is allowed), jams, dried herbs.
12.7 Non-Food Items
Farms often have by-products they can craft into value-added products and goods with an eye toward 1. extending their selling season, 2. expanding their product offering of 3. resourcefully using all parts of an animal. Examples might be crafting jams or dried fruit leather, making cheese from goat milk, yarn from wool or soap from tallow. Some of these items are not food. We want to support the viability of sustainable food producers by also allowing the sale of non-food items. Non-food items such as flowers, plant starts, trees, firewood, wreaths, compost, livestock feed, wool, soap, candles, farm dinners, hides and bones are allowed. Please contact us to inquire about additional items not listed here.
12.8 Allowable Off-Farm Ingredients
Citric acid, organic citrus, vinegar, honey, sugar, real maple syrup, Pomona’s pectin, rennet, bacteria cultures, organic spices, salt and pepper are allowed. Sellers must include ingredient details per item or items will be removed. If you want to include an ingredient not currently outlined in ‘allowed’ or ‘never allowed’ ingredients, please email us.
12.9 Neighboring Farm Ingredients
If you are making value-added products on your farm and want to add off-farm ingredients from other farms, please contact us. We approve these (and fold them into our terms) on a case by case basis.
12.10 Never Allowed Ingredients
Alcohol, corn syrup, nitrites, sodium (MSG), flavor enhancers, food coloring or dyes are strictly not allowed to be listed on the Application. Please note sale of pork, bacon or any other items derived from pigs is prohibited.
In addition to general quality standards and practices required to be followed by Users, some food categories require further clarification. Sellers must comply with the below guidelines per food category. All sellers shall maintain sole and exclusive responsibility for compliance with any Applicable Law pertaining to their specific food products, including, but not limited to, handling, packaging, transit, temperature controls and disclosures.
Birds must be pastured; this includes free ranging or in pens with adequate space for running, jumping, foraging and other natural behaviors. No-debeaking practices or synthetic yolk colorants are allowed. Fresh grit, dust bath areas, supplemental feed and shelter from predators should be available. Waterfowl should have access to clean water deep enough to submerge their head.
13.2 Beef Cattle, Lamb, Goats and Other Livestock
Livestock raised for meat purposes must be grass-fed and ideally, grass-finished. We understand that some consumers prefer grain-finished livestock - if there is grain supplementation (grain-finished is allowed - grain-fed is not allowed) sellers must be transparent ‘to the grain’. This means listing any / all grain inputs, specification of brands, origins, practices, quality and duration of grain-finishing. Any supplements, hay or other inputs must be communicated per item. Livestock should be rotated regularly, humanely treated, and always have access to fresh water.
Cows should be grass-fed and pastured. Any supplements, hay or other inputs must be clearly communicated per item. Cattle should be rotated regularly and always have access to fresh water. A limited amount of grain is acceptable, but never more than 6% of their daily intake (all inputs must be identified and communicated to customers, see Beef Cattle above).
Honey and syrup must be harvested from treatment-free bees and trees (no pesticides); all honey and syrup must be 100% pure and contains no additives, diluents, colorants or sugars.
13.5 The following practices are required of all sellers posting and selling food and other perishable items for sale on FreshOnTable:
14.1 There may be 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:
14.2 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.
14.3 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).
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.
The Seller acknowledges that FOT does not take title or ownership of the Products or the inventory of Products at any point in time by virtue of the provision of Our Services according to these Site Terms. Title to the Products shall remain with the Seller until successful and completed delivery to its customer, or upon return to the Seller.
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.
22.1 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, the 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 service shall create any warranty not expressly stated herein.
22.2 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 system or loss of data that results from the download of such material and/or data.
22.3 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.
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 cause 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.
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.
29.1 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.
29.2 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.
30.3 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.
32.1 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.
32.2 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 – Nandini Aggarwal
34.4 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.