Terms of Service

Individual Marketplace Terms of Service

Welcome to Farm Fresh Direct! We operate a vibrant social marketplace that connects buyers and sellers through our website. Enjoy your experience, and please keep our guidelines in mind!

1. INTRODUCTION

1.1 Welcome to Farm Fresh Direct (the “Site”). Our website and related services are collectively referred to as our “Services.” Throughout this document, Farm Fresh Direct may be referred to as “we,” “us,” or “our.” Please read these Terms of Service carefully before using the Site or any of our Services. By accessing our Site, you agree to abide by these Terms, which are designed to inform you of your legal rights when using our services.

1.2 Document Overview: This document and any referenced documents together form the “Terms of Service.”

1.3 Services Definition: Our “Services” encompass (a) the Site, (b) all services provided via the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, videos, messages, tags, content, programming, software, and application services. Any new features that augment our Services are also governed by these Terms. Content posted by users using our Services will be referred to as “Your Content,” including usernames, shop names, profile pictures, listing photos, descriptions, reviews, comments, videos, and more.

1.4 Marketplace Functionality: Our Services facilitate a platform for buying and selling goods or services between the buyer (“Buyer”) and the seller (“Seller”), collectively referred to as “Users” or “Parties.” The actual sales contract is directly between the Buyer and Seller, and we are not a party to that contract. Each party is solely responsible for their respective sales agreements. While we may assist with order issues (see Section 10), we do not pre-screen Users or Your Content and cannot guarantee transaction completion.

1.5 Modifications to Services: We reserve the right to change, modify, suspend, or discontinue any part of the Site or Services at any time. Features released in a beta version may not function as intended, and we are not liable in such cases. We may also impose limits on features or restrict your access to parts or all of the Site or Service at our sole discretion without notice or liability.

1.6 Access Rights: We reserve the right to deny access to the Site or Services or to refuse account registration for any reason.

2. PRIVACY

2.1 Data Protection: We recognise the importance of your personal information. Our Privacy Policy explains how your information is used when you access our Services. By using our Services or providing information on the Site, you consent to our collection, use, disclosure, and processing of Your Content and personal data as outlined in the Privacy Policy.

2.2 User Data Compliance: Users who possess another User’s personal data obtained through our Services agree to (a) comply with all applicable data protection laws and (b) allow the User (the owner of personal data) the right to remove their collected data from the User (the receiver of personal data) upon request.

3. YOUR ACCOUNT

3.1 Account Creation: To access certain Services, you must create an account. Here are some important account rules:

3.1.1 You must be 18 years or older to use our Services. If you are under 18, you may use our Services only under the supervision of a parent or legal guardian.

3.1.2 You confirm that your business is New Zealand owned and based in New Zealand. Farm Fresh Direct aims to support local businesses and the economy. We reserve the right to delete inappropriate content and restrict user access at our discretion.

3.1.3 Provide accurate and truthful information about yourself. Using false information or impersonating another person or entity is not permitted.

3.1.4 You are responsible for your account and all activity associated with it. If sharing an account, the account holder is ultimately responsible. If registering as a business, you guarantee that you have the authority to accept these Terms on behalf of the business. Accounts are non-transferable.

3.1.5 Keep your login and password secure, as you are solely responsible for any account activity.

4. LIMITED LICENCE

4.1 Licence Grant: We grant you a limited, revocable licence to access and use our Services, subject to our Terms of Service. All proprietary content, trademarks, service marks, logos, and other intellectual property displayed on the Site are owned by Farm Fresh Direct or third-party owners. You agree not to copy, distribute, republish, mirror, frame, or create derivative works without our prior written consent.

5. YOUR CONTENT

5.1 Ownership of Content: You own the content you post using our Services, including usernames, shop names, profile pictures, listing photos, descriptions, reviews, comments, and videos.

5.1.1 You are solely responsible for Your Content and represent that you have all necessary rights to it, ensuring it does not infringe any third-party rights.

5.1.2 By posting Your Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works to promote our Services and Site. We do not claim ownership of Your Content but have your permission to use it to operate and enhance our Services.

5.1.3 If content you own has been posted without your permission, please contact us for removal. We will remove content infringing on intellectual property upon proper notice.

5.1.4 You agree not to post content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post misleading or fraudulent content.

6. YOUR USE OF OUR SERVICES

6.1 Licence to Use: We grant you a limited, non-exclusive, non-transferable, and revocable licence to use our Services. You agree not to violate any laws while using our Services, including local, National and international laws.

6.2 Payment Responsibility: You are responsible for all fees owed to us and for collecting and paying any applicable taxes on your purchases or sales made through our Services.

6.3 Source Code: You agree not to attempt to obtain the source code of our Services or disrupt our operations.

6.4 Policy Violations: Violating this policy may lead to actions such as listing deletion, account suspension, or legal action if necessary.

6.5 Reporting Violations: If you suspect another user is violating these terms, please contact us.

7. PURCHASE AND PAYMENT

7.1 Payment Methods: We currently accept Credit Card payments via Stripe and PayPal. Payment processing may vary depending on your jurisdiction.

7.2 Binding Sales: All sales on the platform are binding. The seller is obligated to complete transactions promptly unless exceptional circumstances arise.

8. SELLER COMMISSION

8.1 Commission Fees: Sellers will pay us a commission on the total transaction amount received, including taxes and shipping costs.

8.2 Deduction of Commission: Our commission will be deducted from your funds before they are settled into your account.

8.3 Processing Fees: Third-party payment channels may charge additional fees for processing, which are separate from the commission we charge.

9. SELLER’S RESPONSIBILITIES

9.1 Accurate Listings: Sellers must manage and ensure that all item information, including prices and inventory amounts, is accurate and not misleading.

9.2 Pricing: Sellers determine their own pricing, which must include all applicable charges such as sales tax, GST, and tariffs.

9.3 Timely Delivery: Sellers must deliver items/services as described promptly, unless exceptional circumstances arise. In such cases, sellers must inform Buyers of any delays.

9.4 Receipts and Invoices: Sellers must provide additional receipts or invoices to Buyers upon request.

9.5 Alcohol Sales Compliance: Sellers offering alcoholic products must upload their current liquor licence for approval. Compliance with NZ laws regarding alcohol sales is the seller’s responsibility. Clear instructions regarding the refusal of sale to minors must be included. Only domestic sales of alcohol are permitted.

9.6 Marketplace Fees: We reserve the right to adjust our fees for services rendered. Sellers will be notified of fee changes with a reasonable lead time. Marketplace services may be withdrawn for unpaid fees.

10. DISPUTES WITH OTHER USERS

10.1 If you find yourself in a disagreement with another user or a third party regarding our services, we encourage you to reach out directly to the other party and attempt to resolve the issue amicably.

10.2 If you’re unable to resolve the dispute between yourself and another user, Farm Fresh Direct may step in to help facilitate a resolution. If you’d like us to get involved, please contact us. We will assist in good faith, following our policies, but we do not make judgments regarding legal matters or claims.

10.3 Whether you are a buyer or seller, you must cooperate with us throughout the dispute resolution process. We may request specific information from you, which will be sent to your designated email address. If we do not receive a response, we may close the investigation or resolve it in favour of the other party.

10.4 Disputes as a Buyer:

10.4.1 You may raise two types of disputes: one for non-delivery of an item and the seller is unresponsive, and another where the item is significantly different from its description.

10.4.2 You can either report the issue to us or pursue chargeback options with your card provider, but not both simultaneously. If a chargeback is filed after you’ve raised a dispute with us, we will close your report.

10.4.3 If you’ve already received a refund or exchange from the seller, you cannot report the transaction.

10.4.4 For non-delivery disputes, we will request proof of shipping and trackable delivery from the seller. If the seller fails to provide valid proof, we will resolve the dispute in your favour.

10.4.5 For items that are significantly different from the description, if both parties cannot agree on the discrepancies, we will make a fair decision based on all the available information, including item descriptions at the time of purchase and any relevant communication or documentation. All decisions made by us are final.

10.5 Disputes as a Seller:

10.5.1 As a seller, we encourage you to maintain open and prompt communication with your buyer, especially in the event of any issues, to avoid unnecessary disputes.

10.5.2 For non-delivery disputes, we will ask for proof of shipping. The documentation must clearly show the buyer’s address and have trackable delivery status. If you are unable to provide proof of delivery, we may resolve the dispute in favour of the buyer.

10.5.3 For disputes about items being not as described, we will review the description and images provided at the time of purchase. If an agreement cannot be reached, we will make a fair decision based on all the information we have. Our decision will be final.

10.5.4 If a buyer pursues chargeback options, we will close the dispute to prevent double recovery.

11. DISPUTES WITH US

11.1 If you have an issue with our services, please contact us, and we’ll do our best to resolve the matter. If we are unable to reach a resolution, the following rules will apply to any legal disputes related to our services:

11.1.1 Governing Law: The local laws governing Farm Fresh Direct’s place of incorporation will apply to these Terms of Service, regardless of where you are located.

11.1.2 Arbitration Agreement: You agree that any dispute or claim arising out of these Terms will be resolved through arbitration where possible. The arbitration ruling may be enforced in any court with jurisdiction. Arbitration will be conducted on an individual basis—class arbitrations and class actions are not permitted. The arbitrator’s decision will be final.

12. CHANGES TO THE TERMS

12.1 At Farm Fresh Direct, we continuously work to enhance our services by introducing new and innovative features. Updates and improvements are also made to reflect changes in technology, customer preferences, and how people use our services.

12.2 We may update these Terms of Service from time to time. The most current version will always be accessible through this link.

12.3 Where possible, we will notify you of significant changes to the documents referred to in these Terms of Service, either through our system or by email.

12.4 The latest version of the Terms of Service will be the only terms that govern our relationship with you. Previous versions will no longer be applicable.

13. PROHIBITED ITEMS/SERVICES

Farm Fresh Direct is not a curated marketplace, but we prohibit certain items for various reasons, including legal risks to our community. It is the seller’s responsibility to ensure that their products comply with all applicable laws and are allowed to be listed for sale under the laws governing the marketplace’s incorporation. For convenience, we provide guidelines on prohibited and restricted items, which may be updated as necessary.

If an item or service violates our policy, we may take actions such as removing listings, suspending accounts, terminating accounts, or taking legal action.

The following items are prohibited:

• Tobacco products
• Smokeable products, e-cigarettes, and e-liquid
• Drugs and drug paraphernalia
• Medicine and medical instruments, especially those with unverified medical claims
• Live animals and insects
• Ivory or bones, including but not limited to tusks and fossilised ivory
• Human remains, body parts, or items made from human remains (except for hair)
• Hazardous materials, including flammable, explosive, or radioactive substances
• Listings that promote illegal activities
• Listings promoting hatred or discrimination based on race, religion, gender, disability, or sexual orientation
• Items infringing on copyright, including unauthorised eBooks
• Counterfeit goods
• Unauthorised resale of tickets
• Stolen or illegal goods
• Illegal services, including but not limited to prostitution
• Pornographic content or adult services
• Used undergarments or intimate items
• Recalled items or those posing unreasonable harm
• Mislabeled goods
• Other items illegal or restricted in the buyer's or seller's jurisdiction, or those encouraging illegal activities, are also prohibited.

If you notice a listing that violates our policies, please contact us.

14. CONTACT, FEEDBACK, AND COMPLAINTS

If you need to reach us, please click on "Contact Us" for our contact details. We appreciate hearing from our customers and are always open to feedback on how we can improve our services. By submitting feedback, you agree that we can use it freely, without any restrictions or compensation.