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Terms & Conditions

For Customers:

This Terms of Service (“agreement”) is a legal agreement between you, the individual accessing or using the services (“User” or “you” or “buyer”), and Demeter Earth Incorporated (collectively referred to as “Demeter Earth,” “we,” “our,” and “us”).

 

This agreement governs your access to and use of our services, including but not limited to the Demeter Earth Ecosystem, a platform that facilitates the sale of goods by gardeners, ranchers, poultry farmers, dairy farmers, beekeepers, homesteaders, butchers, bakers, or any other artisan (collectively referred to as 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 accessing or using the Services, you agree to be bound by the terms and conditions of this agreement.

 

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

 

Therefore, your use of https://demeterearth.com is subject to the following terms and conditions. Demeter Earth 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’ hyperlink located at the bottom of our webpages.

 

  1. USAGE:

 

1.1. You may utilize the Services only upon consenting to form a binding contract with Demeter Earth and are not a person prohibited from receiving services under the laws of the applicable jurisdiction. In any circumstance, you must be at least 18 years old to utilize the Services. If you are accepting these Terms and utilizing the Services on behalf of a company, organization, government, or other legal entity, you assert and guarantee that you are authorized to do so and possess the authority to bind such entity to these Terms, in which case the terms “you” and “your” as used in these Terms shall pertain to such entity.

 

1.2. You agree to employ this site in a manner consistent with all applicable laws, legislation, rules, and regulations. If you contravene any restrictions in these terms, you undertake to indemnify Demeter Earth for any losses, costs, or damages, including reasonable legal fees, incurred by Demeter Earth in relation to or arising out of such a breach.

 

  1. ABOUT DEMETER EARTH SERVICES:

 

2.1. Demeter Earth is an online community “Marketplace facilitator,” providing a platform for gardeners, ranchers, poultry farmers, dairy farmers, beekeepers, homesteaders, butchers, bakers, and other artisans to sell their goods. The Demeter Earth service is accessible from devices with Internet Connectivity, such as personal computers, tablets, and smartphones. Upon registration on the platform, Vendors can create a customized profile revealing information about themselves.

 

2.2. The Services serve as a venue for users to interact with each other and engage in buying and selling items. Demeter Earth does not pre-screen users or the Content provided by users, nor is Demeter Earth directly involved in transactions between users. Pre-screening of vendors by submitting a photo ID is optional and intended to enhance trust among users, but it is not mandatory. Therefore, Demeter Earth has no control over, and you agree that Demeter Earth is not responsible or liable for, any of the following:

 

  1. The quality, safety, morality, or legality of any aspect of the items listed.

  2. The truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to pay for items.

  3. The true identity, age, nationality, or sense of humor of a user.

  4. Any Content posted by users.

 

2.3. You are encouraged to utilize the features and functions available on the Services to communicate with other users and/or to learn more about an item listed for sale by a user. However, please exercise common sense and good judgment in your interactions with other users. While Demeter Earth endeavors to maintain the Services' safety for everyone, your use of the Services and your interactions with other users are entirely at your own risk.

 

  1. APPLICABILITY:

 

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

(a) The use of any information, pictures, documents, and/or other services offered by Demeter Earth via its web application accessible at https://demeterearth.com ("Web App");

(b) The selling and buying of various farm products listed and displayed on the Web App.

 

  1. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS:

 

4.1. The Web App may contain links to external Internet sites. Demeter Earth explicitly declares that it has no control over the layout or content of these linked pages and expressly dissociates itself from all contents of all linked third-party pages. Demeter Earth shall not be liable for the use or content of Internet sites that link to this site or are linked from it. Please note that our privacy and cookie notice does not apply to any collection and processing of your personal data on or through such external sites.

 

  1. YOUR ACCOUNT:

 

5.1. Before utilizing the Services, you must create a Buyer profile account on the Site. You will choose your username and password, for which you are solely responsible for all actions taken under your chosen username and password.

 

5.2. By creating an account on the Web App, you warrant that:

5.2.1. All details provided by you are true, accurate, current, and complete in all respects.

5.2.2. You will create only one (1) account and will use the Web App solely with your own username and password.

5.2.3. You will not disclose your password to anyone and will make every effort to keep it safe.

5.2.4. Upon discovering that your account has been compromised, you will change your password immediately.

5.2.5. You will notify us if you suspect that someone has accessed your account without permission.

 

5.3. Demeter Earth reserves the right to terminate your account and to suspend or terminate your access to the Web App immediately and without notice if:

5.3.1. You breach these Terms.

5.3.2. You impersonate any other person or entity.

5.3.3. Upon our request, you fail to provide us with sufficient information within a reasonable time to determine the accuracy and validity of any information supplied by you or your identity.

5.3.4. Demeter Earth suspects that you have engaged, are about to engage, or have been involved in fraudulent or illegal activity.

 

  1. USE OF SERVICES/USER PROHIBITIONS:

 

6.1. Subject to your compliance with these Terms, Demeter Earth 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:

  1. 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.

  2. 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.

  3. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the services.

  4. Violate any applicable laws, rules, or regulations in connection with your access or use of the Services.

  5. Use the Services in violation of or to circumvent any sanctions or embargo.

  6. Remove, alter, or obscure any proprietary notice (including any notice of copyright and trademark) of Demeter Earth or its affiliates, partners, suppliers, or licensors.

  7. Use the Services for any purpose for which it is not designed or intended.

  8. 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 Demeter Earth.

  9. Use any proprietary information or interfaces of Demeter Earth or any other intellectual property of Demeter Earth in the design, development, manufacture, licensing, or distribution of any application, accessories, or devices for use with the Services.

  10. Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically, or otherwise objectionable.

  11. Use the Services to send automated, unsolicited, or unauthorized messages, advertising, or promotional material or any junk mail, spam, or chain letters.

  12. 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.

  13. 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 accessed through the Services.

  14. Collect any information regarding other users without their consent.

  15. Commit any act to avoid paying any applicable fees and/or charges.

  16. 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 acts and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.

  17. Authorize or encourage anyone to do any of the foregoing.

 

6.3. Demeter Earth 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 Demeter Earth Web App 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.

 

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

 

6.7. These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licenses in respect of Demeter Earth’s materials and content, the Service, Demeter Earth's name and/or trademarks, other than as set out in these Terms of Service.

 

  1. DEMETER EARTH ECOSYSTEM AND PAYMENTS:

 

7.1. Our service offers a seamless and enjoyable way for you to buy and sell items. For more information about our service and its features, please visit our website at https://demeterearth.com.

 

7.2. You can explore a variety of products listed on the platform and initiate a sale transaction by purchasing items.

 

7.3. Sale transactions may only occur through Demeter Earth's designated third-party payment providers - Stripe or relevant credit/debit cards (Visa, Mastercard & American Express).

 

7.4. To protect our users' interests, direct arrangements between buyers and sellers to use payment methods other than those offered via the service are not permitted. Any sale or purchase outside of these designated methods is considered a breach of our Rules of Acceptable Use and may result in suspension or termination of access to the service.

 

7.5. We strive for a positive user experience and request that you honor commitments made to other users regarding the sale or purchase of goods and services.

 

7.6. Any agreements for or purchases of sale items are solely between you and the seller. While the application may offer functionality to suggest more effective selling strategies, sellers retain full discretion over pricing. Complaints, questions, and claims regarding sale items should be directed to the seller. If users are unable to resolve disputes related to a sale transaction, we will endeavor to assist in mediating such disputes through our dispute resolution process.

 

7.7. As we are not the seller of any sale items, we do not control or commit to the existence, quality, safety, genuineness, or legality of sale items, the accuracy of item pictures or descriptions, the ability of sellers to fulfill transactions, or the completion of transactions by buyers or sellers. We hold no liability in this regard. Sellers are responsible for clearly marking age-restricted items with the applicable age restriction as required by law, and buyers agree not to attempt to purchase such items if they are younger than the advertised legal age restriction.

 

  1. RULES OF ACCEPTABLE USE:

 

8.1. Alongside the other stipulations within these Terms of Service, this section outlines specific regulations governing your use of the Service (referred to as the "Rules of Acceptable Use").

 

8.2. You must ensure that the email address provided in your Account details remains active and is regularly checked by you.

 

8.3. You are accountable for all taxes (including associated penalties, fines, charges, and late payment interest) concerning your item sales through our Service. Compliance with all applicable laws relating to such taxes is mandatory, and you must promptly furnish us with any necessary information to verify such compliance. To the extent permitted under applicable law, you are obligated to reimburse us for any costs incurred due to your failure to comply with this clause.

 

8.4. When utilizing the Service, you must refrain from:

8.4.1. Creating more than one Account on the Service, unless expressly permitted by us.

8.4.2. Providing false or misleading information in your Account details.

8.4.3. Allowing another individual to use the service under your name or on your behalf, unless you are a business and such person is authorized by you.

8.4.4. Using the service if we have suspended or banned you from doing so.

8.4.5. Sending junk, spam, or repetitive messages.

8.4.6. Engaging in illegal or unlawful conduct, including selling counterfeit items or items that infringe upon another person's rights, and complying with applicable legal requirements regarding the sale or purchase of items.

8.4.7. Modifying, interfering with, intercepting, disrupting, or hacking the Service.

8.4.8. Misusing the Service by knowingly introducing harmful material such as viruses, Trojans, worms, or logic bombs.

8.4.9. Collecting data from the Service in violation of these Terms of Service.

8.4.10. Submitting or contributing User Content that violates our guidelines.

8.4.11. Unfairly or unlawfully interfering with any ratings or feedback system.

8.4.12. Submitting or contributing User Content without the permission of the content owner, or infringing upon the rights of third parties.

8.4.13. Promoting, advertising, or selling prohibited items such as drugs, drug paraphernalia, tobacco, or related products.

8.4.14. Engaging in direct arrangements with buyers or sellers to use payment methods other than those provided through the Service.

8.4.15. Taking actions designed to circumvent, reduce, or manipulate the commission due to us.

8.4.16. Posting information or commentary about another person without their permission, or sharing private or confidential information via the Service.

8.4.17. Mining data, screen scraping, or crawling any part of the Service.

 

8.5. Non-compliance with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in any of the following actions at our discretion:

8.5.1. Immediate, temporary, or permanent withdrawal of your right to use our Service.

8.5.2. Immediate, temporary, or permanent removal of any User Content, including listed Sale Items.

8.5.3. Issuance of a warning.

8.5.4. Legal action against you, including reimbursement of all costs resulting from the breach.

8.5.5. Disclosure of information to law enforcement authorities as deemed necessary.

8.5.6. Investigation of suspected breaches, including temporary withdrawal of your right to use our Service or removal of User Content, without prior notice.

 

  1. ADVERTISEMENTS ON THE SERVICE:

 

9.1. We and our chosen business partners may deliver advertisements to you via the Service or through alternative channels like email. These advertisements may be tailored based on your User Content or other data accessible through the Service. In delivering advertisements, we adhere to the guidelines outlined in our Privacy Policy regarding the use of identifiable information. Additionally, we may utilize advertising cookies for this purpose, and you can find detailed information about our cookie policy here (insert link to privacy policy).

 

  1. CANCELLATION AND REFUNDS:

 

10.1. If a buyer needs to cancel their order with a vendor/seller, they must do so directly through the Vendor/Seller. Once the cancellation is communicated to the Vendor/Seller, they shall notify Demeter Earth, and we will promptly process the refund for the customer.

 

10.2. In the event of an issue with a purchase, the Customer is required to contact the Seller within three (3) business days to address and resolve the matter.

 

10.3. If the Customer and the Seller are unable to reach a resolution, the Customer has an additional five (5) business days to email Demeter Earth. Upon receiving the email, we will initiate the refund process for the customer.

 

10.4. While our platform facilitates transactions between buyers and sellers, each seller is expected to maintain a return policy. While the seller's return policy governs initial returns and refunds, DEMETER EARTH RETURN POLICY takes precedence to ensure complete customer satisfaction on the platform.

 

  1. OUR LIABILITY/RESPONSIBILITY TO YOU:

 

11.1. You retain full discretion to proceed with a sale or purchase of a Sale Item. Therefore, we do not make any commitments regarding the Sale Items, including their quality, delivery, or accuracy of information such as price, description, and availability. We also do not undertake to ensure that any seller honors erroneous information related to Sale Items or the buyer's ability to complete a purchase.

 

11.2. While we strive to maintain the Service's availability, there may be occasions when interruptions occur, including scheduled maintenance, upgrades, emergency repairs, or telecommunication failures. The Service, along with its content (including User Content), is provided on an "as available" and "AS IS" basis. We cannot guarantee uninterrupted, error-free use of the Service or that it will meet your expectations. We exclude any commitments regarding the Service's performance or availability, to the extent permitted by applicable law. You acknowledge that internet security breaches may occur, and the submission of User Content or other information may not be secure.

 

11.3. Demeter Earth bears no responsibility for any loss or harm caused by viruses, worms, or other programs intended to impair the Service.

 

11.4. You may access third-party links/websites/products via the Service at your discretion. We are not responsible for any third-party links/websites/products, and your access to and use of such third-party services is at your own risk and subject to their respective terms and conditions.

 

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

 

11.6. For all other claims arising from the provision of the Service (including disputes between users, content accessed via the Service, or interactions with other users), we disclaim all responsibility, except where such disclaimer is prohibited by law (e.g., death or personal injury caused by our negligence).

 

11.7. We shall not be liable for any loss or damage that is not reasonably foreseeable, including indirect losses, financial and business loss, or loss of goodwill or reputation.

 

  1. YOUR RESPONSIBILITY TO US:

 

12.1. If Demeter Earth faces a lawsuit due to your action or inaction (including a breach of these Terms of Service), we reserve the right, at our discretion, to request indemnification from you. This means you would cover all our costs, including legal fees, and hold us harmless from any legal claim or demand for expenses arising as a result. If we choose to defend such a claim, you agree to assist us as reasonably requested.

 

  1. RESOLVING DISPUTES:

 

Disputes with Us

 

13.1. If you have a dispute with us regarding the Service, please first contact us at info@demeterearth.com and attempt to resolve the issue with us informally.

 

Disputes with Other Users Regarding a Sale Transaction

 

13.2.1. If you use Stripe and debit/credit cards for a Sale Transaction, you may be eligible for Buyer or Seller Protection provided by these payment channels.

13.2.2. Any purchases or sales made outside of Demeter Earth are in violation of our Terms of Service and are not covered by Buyer or Seller Protection. Additionally, non-material goods, prohibited items, and meet-in-person transactions are not covered by Buyer or Seller Protection. Sale Transactions via relevant credit or debit cards are not covered by Stripe Buyer and Seller Protection.

13.2.3. If:

a) As a buyer, your Sale Item hasn't arrived, or what you received significantly differs from the description or is faulty, or

b) As a seller, you receive an unauthorized payment, or a buyer claims non-receipt of their Sale Item,

you can report the issue to us within 21 days from the date of purchase/sale, and we will provide instructions on how to proceed.

 

  1. SHIPPING:

 

14.1. The seller is responsible for shipping the Sale Item to the buyer.

 

14.2. Demeter Earth is not liable for any local customs charges, import taxes, duties, or similar charges incurred during shipment and delivery. Sellers must ascertain whether such charges apply and the associated amounts. If any such charges are incurred by Demeter Earth due to shipment and delivery and are billed to us by the competent authority, the seller agrees to fully reimburse Demeter Earth within 7 days of our request.

 

  1. CHANGES TO THE SERVICE:

 

15.1. We are continually enhancing and refining the Service to introduce new and innovative features and functionalities. These updates and enhancements are driven by evolving technologies, user preferences, and internet usage patterns.

 

15.2. As part of this ongoing process, we may need to modify, discontinue, or withdraw support for specific aspects or features of the Service, referred to as "changes to the Service." These changes may impact your previous interactions on the Service, features you utilize, and your User Content, collectively referred to as "Service Elements." It is possible that Service Elements may be deleted or reset as a result of these changes.

 

15.3. By accessing the Service, you acknowledge that changes to the Service are inherent to its nature, and your continued use of the Service constitutes acceptance of any such changes. While we strive to maintain a seamless user experience, you have the option to discontinue your use of the Service or deactivate your Account at any time by contacting us at info@demeterearth.com from the email address associated with your account.

 

  1. CHANGES TO THESE TERMS OF SERVICE:

 

16.1. We reserve the right to amend these Terms of Service periodically, with any modifications becoming effective three days after we send you a notification email informing you of the changes, or upon posting the revised Terms of Service (whichever occurs earlier). Your continued use of the Service constitutes acceptance of the revised Terms of Service.

 

16.2. Changes to these Terms of Service may arise due to the introduction of new features, alterations in legislation, or the need to provide clarity on certain matters.

 

16.3. We will make reasonable efforts to inform you of any significant changes to the documents referenced in these Terms of Service. This notification may occur through the Service itself (for instance, by requesting your acceptance of the changes before continuing to use the Service) or via a separate email communication.

 

16.4. While we typically aim to provide advance notice before implementing new terms, there may be instances where immediate changes are necessary. In such cases, we reserve the right to make changes without prior notice.

 

  1. LAW AND GENERAL PROVISIONS:

 

17.1. These Terms of Service are governed by the laws of the State of California, given our principal place of business in California. Any disputes arising from or relating to these terms, including their interpretation, will be resolved under California law.

 

17.2. To ensure a fair and efficient resolution process, any legal disputes or claims related to these Terms of Service, or the services provided by Demeter Earth, shall be resolved through binding arbitration, rather than in court. This arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in California, unless otherwise agreed upon by both parties.

 

17.3. The decision of the arbitrator will be final and binding, and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.

 

17.4. These terms do not affect any mandatory legal rights you may have or any obligations that Demeter Earth may have in your country of residence, where exclusion or waiver of certain rights is prohibited by law.

 

17.5. We reserve the right to assign any of our rights and obligations under these Terms of Service.

 

17.6. These Terms of Service do not establish an agency, partnership, employment, or joint venture relationship between you and Demeter Earth.

 

17.7. Demeter Earth will not be held liable for any delays or failures in performing its obligations due to force majeure events. In such cases, Demeter Earth will be granted a reasonable extension of time to fulfill its obligations, with reasonableness assessed in the context of these Terms of Service and other commitments of Demeter Earth.

 

17.8. Except for the permitted assignment of Demeter Earth, no third party is entitled to benefit from these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or any other legislation.

 

  1. CONTACT, FEEDBACK, AND COMPLAINTS:

 

18.1. If you need to reach us regarding these Terms of Service or any other document referenced herein, please email us at info@demeterearth.com with the subject line "Terms of Service."

 

18.2. We highly appreciate feedback from our users and are continuously seeking ways to enhance the Service. By providing feedback, you agree to relinquish any rights associated with your feedback, allowing us and others to utilize it without restriction or compensation to you.

Terms & Conditions

For Vendors:

This agreement outlines the terms and conditions governing your access to and use of the services provided through a specific account or accounts. It constitutes a legal agreement between you or the entity you represent ("you") and Demeter Earth Incorporated regarding the utilization of the Ecosystem available at https://demeterearth.com (referred to as the "Web App").

 

By registering for or utilizing the services, you (acting on behalf of yourself or the entity you represent) agree to abide by the terms outlined in this agreement, including the service terms and program policies applicable to each service you utilize in connection with the Demeter Earth Web App.

 

In this Agreement, "we," "us," and "Demeter Earth" refer to Demeter Earth Incorporated as specified in the relevant VENDOR Terms. Capitalized terms are defined in the Definitions section below. In the event of any inconsistency between these VENDOR TERMS and the GENERAL TERMS AND CONDITIONS, the provisions of the General Terms and Conditions shall govern.

 

  1. Acceptance of this Agreement, whether directly or indirectly, constitutes your consent, which may include affirmative action such as clicking on "I Accept/I Agree" provided at the end of the Agreement.

  2. The term "Agreement" encompasses this Vendor Agreement in its entirety, including any amendments made from time to time.

  3. "Buyer" refers to the individual who accepts the Vendor's offer to purchase farm products through the Web App.

  4. "Farm product(s)" encompass all types of farm produce displayed and offered for sale by the Vendor on the Web App.

  5. "Selling Price" denotes the price of the goods as displayed on the Web App.

 

  1. PERSONAL INFORMATION COLLECTED BY DEMETER EARTH

 

1.1. The information collected from customers is utilized to aid Vendors in managing orders, delivering farm products and services, processing payments, communicating with you about orders, farm products, services, and promotional offers, updating our records, customizing future shopping experiences for you, maintaining your accounts with us, displaying content such as wish lists and customer reviews, and recommending merchandise and services that may be of interest to you. Additionally, this information is used to prevent or detect fraud or abuses of our Web App and to enable third parties to perform technical, logistical, or other miscellaneous functions on our behalf.

 

  1. LISTING, SALE, AND DELIVERY OF FARM PRODUCTS

 

2.1. By displaying and listing any farm product on the Web App, you agree to extend an "Offer to sell" your farm product to the users of the Web App. Furthermore, if such an offer is accepted by any user, it shall be binding upon you.

 

2.2. Farm products must be accurately described, including brand name, specifications, images, and pricing. Descriptions may be provided through text, images, or videos.

 

2.3. The Vendor agrees that the description of farm products shall not be misleading. In the event of misrepresentation, the Vendor shall refund or authorize us to refund any amounts to the buyer.

 

2.4. The Vendor confirms that appropriate consent has been obtained for exhibiting or listing the farm product on the Web App. We shall not be liable for any claims raised by third parties regarding the exhibition or listing of farm products.

 

2.5. The Vendor is solely responsible for updating the availability of farm products on the website.

 

2.6. The Vendor shall ensure timely dispatch and delivery of farm products to users.

 

2.7. The Vendor agrees not to display, advertise, or list any illegal farm products on the Web App. We reserve the right to pursue all legal remedies under applicable laws and this Agreement if any such products are found.

 

2.8. Vendors may be subject to listing fees in accordance with Demeter Earth's prevailing rules and charges. You acknowledge and agree that:

 

  • Demeter Earth does not guarantee that any fees paid or payable will result in a like, offer, chat, or sale.

  • No refunds will be issued if: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content is removed in accordance with these Terms.

  • Each listing, whether free or paid, expires after 30 days.

  • You agree to pay our applicable seller commission fees for sale transactions.

 

  1. LISTING FEES

 

3.1. Vendors may be subject to a listing fee to showcase their farm products in accordance with Demeter Earth’s current listing fee regulations and charges. You acknowledge and agree that:

 

  • Demeter Earth does not guarantee that any fees paid or payable will result in a like, offer, chat, or sale.

  • No refunds will be issued if: (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.

  • Each listing, whether free or paid, expires after 30 days.

 

  1. OUR COMMISSION

 

4.1. The seller of any Sale Item will be subject to 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 Web App.

 

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

 

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

 

4.4. We will provide the seller of the Sale Item with an invoice detailing the Commission. The Commission is inclusive of taxes (where applicable).

 

  1. ACCEPTABLE USE POLICY

 

5.1. In addition to the other requirements within these Terms of Service, this section outlines specific rules governing your use of the Service, referred to as the “Rules of Acceptable Use.”

 

5.2. Active Email Address: Ensure that the email address provided in your Account details remains active and is regularly checked by you.

 

5.3. Tax Responsibility: You are responsible for all taxes related to your sales of items through our Service and must promptly provide us with any required tax information to verify compliance. Failure to comply may result in reimbursement of costs incurred by us.

 

5.4. Prohibited Actions: When using the Service, you must not:

 

  • Create more than one Account on the Service unless specifically authorized.

  • Provide false or misleading information in your Account details.

  • Allow unauthorized use of the service under your name or on your behalf.

  • Use the service if suspended or banned.

  • Send Junk, spam, or repetitive messages.

  • Engage in illegal or unlawful conduct, including selling fake or counterfeit items.

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

  • Introduce viruses, Trojans, worms, logic bombs, or other harmful material.

  • Collect data from the Service without compliance with these Terms.

  • Submit unlawful, abusive, threatening, or offensive User Content.

  • Interfere with ratings or feedback systems.

  • Infringe copyright, trademark, or other rights of third parties.

  • Offer or purchase prohibited items listed by Demeter Earth.

  • Make direct payment arrangements outside of approved channels.

  • Circumvent, reduce, or manipulate Commission payments.

  • Post private or confidential information without permission.

  • Mine data or scrape any part of the Service.

 

5.5. Failure to comply with these rules constitutes a serious breach of these Terms and may result in the following actions, at our discretion:

 

  • Immediate, temporary, or permanent withdrawal of your Service access.

  • Immediate, temporary, or permanent removal of User Content.

  • Issuing a warning.

  • Legal action, including cost reimbursement.

  • Disclosure to law enforcement authorities.

  • Temporary withdrawal of Service access during investigation.

 

  1. AUTOMATIC INFORMATION COLLECTION

 

6.1. We automatically collect certain types of information whenever you interact with us. Similar to many websites, we utilize "cookies" and gather specific data when your Web browser accesses Demeter Earth or our partner sites, as well as advertisements and other content served by or on behalf of Demeter Earth on other websites. The designated account shall be solely in the name of the Vendor in accordance with applicable laws.

 

6.2. Additionally, we gather information about your interactions with our Services, your advertising preferences, and your communications with us. This includes data received from the devices (including mobile devices) you use when engaging with our Services, registering for an account, providing information on web forms, updating or adding information to your account, participating in community discussions, chats, or dispute resolution, or corresponding with us regarding our Services. This information may include:

 

  • Device ID or unique identifier

  • Device type

  • ID for advertising

  • Unique device token

  • Geo-location information, including location data from your mobile device. It's important to note that most mobile devices enable you to control or disable location services for any application in your device's settings menu.

  • Computer and connection information, such as page view statistics, traffic to and from the sites, referral URLs, ad data, IP address, browsing history, and web log information.

 

  1. EMAIL COMMUNICATIONS

 

7.1. By communicating with us via email, the Vendor consents to receive communications through electronic records. Additionally, the Vendor acknowledges waiving all rights to challenge the service of documents if served via electronic records.

 

7.2. Furthermore, we may receive information about you from other sources and add it to our account records.

 

7.3. We may also supplement the information we collect with data from third parties and append it to your account details. For instance, we might gather and utilize demographic information publicly available, additional contact details, credit check data, and information from credit bureaus, as permitted by applicable national laws.

 

7.4. Additionally, we may enable you to share information with social media sites or use them to create or connect your account. These social media platforms may grant us access to certain personal information they retain about you. You control the personal information we access through the privacy settings on the relevant social media site and the permissions you grant us. By linking a social media-managed account to yours and authorizing us to access this information, you agree that we may collect, use, and retain the data provided by these social media platforms.

 

7.5. If you provide us with someone else's personal information, you must do so only with their explicit and prior consent. You are responsible for informing them about how we collect, use, disclose, and retain their personal information according to our Privacy Policy.

 

  1. SHARING THE INFORMATION WE RECEIVE

 

8.1. Customer information is integral to our business, and we do not engage in selling it to others. Demeter Earth only shares customer information as outlined below, with affiliates or partners under the jurisdiction of Demeter Earth Incorporated (including subsidiaries/agents). These entities are either governed by this Privacy Notice or adhere to practices that are at least as protective as those detailed herein.

 

  1. AFFILIATED BUSINESSES NOT UNDER OUR CONTROL

 

9.1. We collaborate closely with affiliated businesses. In certain instances, such as Ecosystem Vendors, these businesses operate stores on or sell products through Demeter Earth. In other cases, we offer services jointly with or on behalf of these businesses. When transactions involve third parties, we may share customer information pertinent to those transactions with said third party.

 

  1. THIRD-PARTY SERVICE PROVIDERS

 

10.1. We engage companies and individuals to carry out various functions on our behalf. These functions include fulfilling orders, delivering packages, sending postal mail and email, managing customer lists, analyzing data, assisting with marketing efforts, providing search results and links (including paid listings and links), processing credit card payments, and offering customer service. These service providers are granted access to personal information necessary to perform their functions, which they are not permitted to use for any other purposes without our explicit consent.

 

  1. PROMOTIONAL OFFERS

 

11.1. Occasionally, we send offers to specific groups of Demeter Earth customers on behalf of other businesses. When sharing these offers, we do not disclose your name and address. If you prefer not to receive such offers, you can adjust your Communication Preferences accordingly.

 

  1. COMMERCIALS, TAX MATTERS, AND AUDIT

 

12.1. We will levy Marketing Fees, Logistic Service Provider Fees, and any other applicable fees as agreed upon by the Vendor and us in electronic communications. We reserve the right to adjust existing fees or introduce new ones with prior notice.

 

12.2. The Vendor is solely responsible for the collection and remittance of any taxes as required by applicable laws.

 

12.3. We retain the right to examine your records and visit your premises or place of business from which farm products are dispatched.

 

  1. CONFIDENTIALITY

 

13.1. The Vendor agrees not to disclose any accessed Confidential Information, whether it pertains to the User or Demeter Earth.

 

  1. INDEMNIFICATION

 

14.1. The Vendor shall indemnify and hold us harmless against any losses, damages, settlements, costs, taxes, penalties, and expenses, etc. Furthermore, the Vendor shall ensure that Demeter Earth is not made a party to any third-party claims.

 

  1. TERMINATION

 

15.1. We reserve the right to terminate the agreement by providing the Vendor with a seven days' notice in the event of any breach of the terms of this Agreement.

 

  1. BUSINESS TRANSFERS

 

16.1. As our business evolves, we may engage in the sale or purchase of stores, subsidiaries, or business units. In such instances, customer information typically constitutes one of the transferred business assets. However, it remains subject to the commitments outlined in any pre-existing Privacy Notice (unless, naturally, the customer provides consent otherwise). Furthermore, in the rare event of the acquisition of https://demeterearth.com and all its assets, customer information will naturally be among the transferred assets.

 

  1. PROTECTION OF DEMETER EARTH AND OTHERS

 

17.1. We disclose account and other personal information when we deem it necessary to comply with the law, enforce or apply our Conditions of Use and other agreements, or safeguard the rights, property, or safety of Demeter Earth, our users, or others. This may involve sharing information with other companies, organizations, government entities, or regulatory authorities for fraud protection and credit risk reduction. However, it's important to note that this does not entail selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in a manner contrary to the commitments outlined in this Privacy Notice.(Insert link to privacy notice)

 

  1. SERVICE PROVIDERS AND FINANCIAL INSTITUTION PARTNERS

 

18.1. Third-party service providers assisting us in delivering our Services, processing payments, managing logistics, packaging, handling, and providing insurance or other value-added services, may utilize your personal information for marketing communications only if you have expressly requested their services. Additionally, these providers help us with customized advertising, as well as with preventing, detecting, mitigating, and investigating potential illegal activities, breaches of our terms and conditions, and security breaches. They may also assist with billing, affiliate and rewards programs, co-branded products/services, and other business operations.

 

18.2. Similarly, third-party financial institution partners offering financial products may provide joint content and services, such as registration, transactions, and customer support. These partners will only send you marketing communications using your personal information if you have specifically requested their services.

 

  1. REGULATORY/COMPLIANCE RELATED SHARING OF INFORMATION

 

19.1. 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 offenses. You agree and consent for Demeter Earth 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.

 

  1. SECURITY OF INFORMATION

 

20.1. 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”.

 

20.2. 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.

 

20.3. 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.

 

  1. THIRD-PARTY ADVERTISERS AND LINKS TO OTHER WEBSITES

 

21.1. Our Web App may feature third-party advertisements and links to other websites. For detailed information about third-party advertising on Demeter Earth, including personalized or interest-based ads, please refer to our Privacy Policy.

 

21.2. Please note that this Privacy Notice solely covers the use and disclosure of personal information provided to or collected by Demeter Earth. If you disclose your information to others or are directed to a third-party website, their privacy policies and practices will govern.

 

21.3. Demeter Earth cannot guarantee the privacy or security of your information once it is provided to a third party. We encourage you to review the privacy and security policies of any trading partner before engaging in transactions or sharing your information. This recommendation applies even if the third parties are members, buyers, or vendors on our platform.

 

  1. ACCESS TO YOUR PERSONAL INFORMATION BY OTHER USERS ON OUR PLATFORMS WHEN YOU SHARE INFORMATION

 

22.1. When you share information on Demeter Earth, other users may have access to it. This includes details such as your purchases, items listed for sale, collections, portfolio, projects, names and IDs of vendors and collections you follow, storefronts, feedback, ratings, and associated comments. Additionally, other users can view any information you have chosen to share in your profile or collections.

 

22.2. To safeguard your privacy, we limit access to other users' contact, shipping, and financial information to only what is necessary to facilitate transactions and process payments. However, during transactions, users may access each other's name, user ID, email address, and other contact and shipping details.

 

  1. HOW TO HANDLE INFORMATION RECEIVED ON DEMETER EARTH

 

23.1. When engaging in a transaction with another user, we provide you with or enable you to obtain the personal information of the other user, including their name, account ID, email address, contact details, shipping, and billing address, to facilitate the transaction. We encourage you to communicate your privacy practices to the other user and to respect their privacy preferences. Additionally, you should provide the other user with an opportunity to opt out of your database and review the information you have collected about them.

 

23.2. You may only use the personal information of other users that you have access to for authorized transaction-related purposes on Demeter Earth or for other services explicitly offered through the Web App and for purposes expressly consented to by the user. Any use of personal information for purposes other than those stated above constitutes a violation of our user agreement.

 

  1. PREFERENCES FOR COMMUNICATION

 

24.1. You have the ability to manage how we communicate with you regarding your account, as well as your buying and selling activities. This can be done through the Communication Preferences section in your Demeter Earth Profile or through electronic records.

 

  1. MARKETING

 

25.1. This Agreement will also regulate the marketing relationship between the Vendor and Demeter Earth.

 

  1. ADVERTISING

 

26.1. If you prefer not to take part in our personalized advertising programs, you can opt out by following the instructions provided within the relevant advertisement. Opting out will cease personalized advertising while still permitting the collection of information for specific purposes such as usage, research, analytics, and internal online service operations. Furthermore, we do not permit third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.

 

  1. NOTICES AND REVISIONS

 

27.1. If you, as a Vendor, have any privacy concerns or grievances regarding Demeter Earth, please contact us with a detailed description of the issue, and we will endeavor to resolve it promptly. As our business evolves, our Privacy Notice and Conditions of Use will evolve in tandem. We may send periodic reminders of our notices and conditions via email, unless you have opted out, but we recommend checking our website regularly for recent updates.

 

27.2. Unless stated otherwise, our current Privacy Notice applies to all information we have about you and your account. We uphold the commitments we make and will not substantially alter our policies and practices to weaken the protection of customer information collected in the past without providing you with a reasonable opportunity to review the changes and express your decisions.

 

  1. GOVERNING LAW

 

28.1. This Agreement shall be construed and governed by the laws of California, as applicable to agreements made and fully executed within the United States.

 

  1. WAIVER

 

29.1. 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.

 

  1. SEVERABILITY

 

30.1. If any provision of this Agreement is deemed unenforceable by a court or other competent tribunal, the remaining provisions shall remain in full force and effect.

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