Terms of Service

These Terms of Service ("Terms") describe the terms and conditions that govern your use of the Harvest Stack digital food marketplace platform (the "Service").

1. Introduction

HarvestStack is a platform that facilitates transactions between food producers and distributors (“Sellers”) and customers (“Buyers”) but does not take ownership of the produce. By using our Service, you agree to these Terms.

2. Use of the Service

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use our Service:

In any way that violates any applicable federal, state, local, or international law or regulation.
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Harvest Stack or users of the Service or expose them to liability.

3. Transactions

The Service facilitates transactions between Sellers and Buyers but does not take ownership of the produce. We are not responsible for the quality or safety of the produce, or for any disputes that may arise between sellers and buyers.

The product's liability remains that of the Seller until it is accepted by the Buyer. A product is deemed accepted once it is -

a) delivered, and verbally or digitally accepted by the Buyer; or

b) the product is delivered, and no response is offered by the buyer within 30 minutes.

Once accepted, the transaction is deemed completed, and no liability will be accepted by the Seller or HarvestStack beyond this time.

4.Refunds and Returns

HarvestStack is not able to accept returns of products.

HarvestStack will seek to investigate product integrity issues should they arise due to its supply chain and will engage in a process of mediation with Seller and Buyer. Change of mind, delivery delay, or substitution do not provide cause for mediation.

We may assist sellers to provide information about the product, such as descriptions and photos, but we do not guarantee the accuracy or completeness of this information.

Refunds may be offered on a case-by-case basis or where the law requires.

5. Fees

We may charge fees for the use of our Service, such as transaction fees or subscription fees. We will provide notice of any fees before you use the Service, and you will have the option to accept or decline the fees. If you accept the fees, you agree to pay them in accordance with our payment terms. By placing an order, you agree to the applicable fees associated with the order.

6. Intellectual Property

Our Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by HarvestStack, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7. Disclaimer of Warranties

Our Service is provided "as is" and without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components.

8. Limitation of Liability

In no event shall HarvestStack, its affiliates, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of the Service, whether based on contract, tort, strict liability, or any other legal theory, even if Harvest Stack has been advised of the possibility of such damages.

9. Dispute Resolution

Any dispute arising out of or in connection with these Terms or the Service shall be resolved through negotiation between the food producer and customer. If the dispute cannot be resolved through negotiation, it may be resolved through binding arbitration.

10. Indemnification

You agree to indemnify and hold HarvestStack and its affiliates, licensors, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or the Service shall be filed only in the state or federal courts located in Australia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

13. Entire Agreement

These Terms constitute the entire agreement between you and HarvestStack regarding the use of the Service, and supersede all prior agreements or understandings, whether written or oral, regarding the same subject matter.

If you have any questions about these Terms, please contact us at admin@harveststack.co.