Farmzie Terms & Conditions

01/12/16

If you require any more information or have any questions please contact us.

Pricing

Farmzie is free for Vendors and always will be. Farmzie does not charge the Vendor a Credit Card Transaction fee. This means if you process a payment for $10, you will receive a $10 deposit in your bank account. Farmzie does reserve the right to advertise your products, add a mark-up your products, connect you with buyers, and in some cases negotiate buyers on your behalf all in an effort to help you sell more products. Don't worry, if you don't like what we're doing you can ask us to stop at any time. You're the boss and we're just here to help you be the boss.

Producers

Vendors in the Market shall sell only products grown or produced by the vendor. “Produced” shall mean having value added by the producer; examples of value- added operation include but are not limited to growing, cooking, drying, blending, curing, fermenting, or other steps required to convert inputs into the product sold at the Market. For the avoidance of doubt, no vendor may sell any product that was acquired by that vendor for the purpose of resale, without the vendor first directly adding value to the product. For purposes of these rules, repackaging alone is not considered a value-added process. 

Exceptions to Producers Rule: Farmzie may, at its sole discretion, make exceptions to the Producer Only rule. For example, reselling seafood may be sold by an approved seafood dealer. All Seafood resold at the Market must be purchased for resale in accordance with all applicable laws. In some cases Vendors may be allowed to sell products from other local vendors. 

Payment Terms

Farmzie initiates a transfer of funds to your account 24 hours after an order is completed, or a Point of Sale transaction is made. Once a transfer is initiated funds may appear in your account same day, but can take up to three business days to appear.

Photos & Profile

Vendors agree that any photos uploaded to Farmzie will be of Vendors actual products and/or the Vendors location, farm, or venue. Vendors may not use generic or stock pictures for products. Vendors agree to be honest and truthful in any information they choose to list on their online FarmStand.

Inventory

Vendors agree to keep their Farmzie inventory up to date on a daily basis. Vendors take full responsibility for inventory listed for sale. Remember, Farmzie can be your central inventory - just use it for every sale. If you stop using Farmzie you must disable your account by contacting Farmzie.

Operation

Vendors who list items for sale online agree to having an agent at the pickup location during the hours of a Farmzie pick up. This agent should understand how to receive and fulfill an order. If you do not have someone at your booth with quick access to the Farmzie app the customer will be forced to leave without their order, and as a result may cancel the order. Farmzie does provide a optional printable user guide, you may request one.

Organic Certification

Vendors may only list Certified Organic products if they possess a valid Organic Certification. The same goes with any other certification. If you're not certified you cannot say you are, else it could land you in deep water.

Business Legality

Vendors must possess a valid business license and must meet all regulatory and insurance requirements for their local area and product offering. If you're not allowed to sell something legally in your local area, you can't sell it here. Farmzie simply facilities information between you, the internet, and your customers - we are not legally responsible for content you post to Farmzie.

Permitted Products 

Farmzie defines products permitted to be sold, and that list may change from time-to-time. Permissible products include but may not be limited to the following: 

  • Any vegetable grown from seeds, sets, or seedlings. 
  • Any fruits, nuts or berries grown from trees, bushes, or vines. 
  • Any plant grown from seed, seedlings, transplants or cuttings. 
  • Bulbs
  • Honey
  • Eggs
  • Flowers
  • Preserves, pickles, relishes, jams and jellies. 
  • Baked Goods
  • Cheese or milk products (in compliance with applicable NC laws regarding 
  • pasteurization and/or aging). 
  • Meats. Vendors must comply with all applicable local, state and federal 
  • regulations related to harvesting, processing, packaging, storage and handling of meat, including Meat and Poultry Handler’s Registration, if applicable. 
  • Seafood
  • Packaged Foods (foods prepared, pre-packaged and labeled prior to 
  • market). Vendors must meet appropriate Health Department regulations (temperature control, air contact, etc.) pertaining to the sale and transport of any packaged food product. 
  • Ready to Eat Foods (i.e. mobile food unit in which foods that are handled, prepared and packaged). Vendors must meet appropriate Health Department regulations pertaining to the preparation and sale of ready to eat foods and provide proof of certification during the Vendor Application process.
  • Non-alcoholic beverages including coffee, teas, tisanes, non-carbonated, sweetened or unsweetened beverages (e.g., lemonade), carbonated, sweetened or unsweetened beverages (e.g., soda) Beer, wine, mead, and non-potable alcohol products (e.g., bitters) made by the producer.
  • Soaps and herbal care body products 
  • Farm-related crafts (bird feeders, dried flowers, photos, etc.)
  • Firewood cut by the vendor from the vendor’s property. 
  • Animal Feed / Pet Food
  • Gift Baskets

Consent

These terms and conditions govern your use of this website or app; by using this website or app, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or app.

You must be at least 18 years of age to use this website or app. By using this website or app and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

Payment Processing

Payment processing services for vendors on Farmzie are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a vendor on Farmzie, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Farmzie enabling payment processing services through Stripe, you agree to provide Farmzie accurate and complete information about you and your business, and you authorize Farmzie to share it and transaction information related to your use of the payment processing services provided by Stripe.

Covenant not to sue and release all claims

To the extent permitted by law, Vendor, on behalf of himself, herself, or itself and his/her/its dependents, employees and agents, unconditionally promises not to assert or file, and hereby unconditionally releases, any action or suit at law or in equity alleging personal or bodily injury, death, or property damage in connection with or as a result of any activity under or in connection with this Vendor Agreement, against Farmzie. or Farmzie.’s directors, officers, employees or agents, property owner, any other adjacent property owner, tenant or business, regardless of the negligence or other fault of any of the foregoing. 

Indemnification

To the extent of the law, Vendor is solely responsible for any damages resulting from its acts or omissions with respect to its activities at the Market, including, without limitation, the sale of unsound or unsafe goods. Vendor shall indemnify, defend and hold Farmzie. and its directors, officers, employees and agents (collectively, the “Indemnified Parties”) harmless for any claims, losses, damages, expenses and costs (including attorney fees and court costs) that any of the Indemnified Parties may suffer, resulting from any act or omission of Vendor under or in connection with this Agreement. 

Assignment 

This Agreement is between the Vendor and Farmzie. and may not be assigned, nor may any of the Vendor’s obligations under this Agreement by delegated, in whole or in part by the Vendor without Farmzie. expressed written consent and any attempted assignment without such consent will be null and void. 

Entire Agreement

This Agreement and its attachments constitute the entire Agreement between the parties, and supersedes any prior understanding or agreements (oral or written) between Farmzie. and Vendor. This Agreement may only be modified by a written amendment signed by both parties. 

License to use website or app

Unless otherwise stated, Farmzie and/or its licensors own the intellectual property rights published on this website or app and materials used on Farmzie. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website or app for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website or app in neither print nor digital media or documents (including republication on another website or app);
  • sell, rent or sub-license material from the website or app;
  • show any material from the website or app in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website or app for a commercial purpose;
  • edit or otherwise modify any material on the website or app;
  • redistribute material from this website or app - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website or app through the use of iframes or screenscrapers.
  • use this app or web site in an attempt to backward engineer our technology or methodology. By accepting this agreement you enter into a 5/yr do not compete with Farmzie, a ZURV LLC company.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website or app in any way that causes, or may cause, damage to the website or app or impairment of the availability or accessibility of Farmzie or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website or app to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website or app without Farmzie's express written consent.
This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • 'framing' (iframes)
  • Article 'Spinning'

You must not use this website or app or any part of it to transmit or send unsolicited commercial communications.

Disputes

In order to prevent fraud while protecting both Vendors and Customers, Customers have 24/hours to file a dispute against any order. In the event a dispute is filed against a Vendor, a hold will be placed on the funds transfer while Farmzie investigates. In the event a customer wins the dispute their payment will be refunded to them. Farmzie may rule on a dispute, at Farmzie's sole discrition at which time the Vendor agrees to compy with Farmzie's ruling. Customers and Vendors are urged to use the Messaging features within Farmzie to resolve these issues before filing a dispute.

Restricted access

Access to certain areas of this website or app may be restricted. Farmzie reserves the right to restrict access to certain areas of this website or app, or at our discretion, this entire website or app. Farmzie may change or modify this policy without notice.

If Farmzie provides you with a user ID and password to enable you to access restricted areas of this website or app or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

Farmzie may disable your user ID and password at Farmzie's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or app, for whatever purpose.

You grant to Farmzie a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Farmzie the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Farmzie or a third party (in each case under any applicable law).

You must not submit any user content to the website or app that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Farmzie reserves the right to edit or remove any material submitted to this website or app, or stored on the servers of Farmzie, or hosted or published upon this website or app.

Farmzie's rights under these terms and conditions in relation to user content, Farmzie does not undertake to monitor the submission of such content to, or the publication of such content on, this website or app.

No warranties

This website or app is provided “as is” without any representations or warranties, express or implied. Farmzie makes no representations or warranties in relation to this website or app or the information and materials provided on this website or app.

Without prejudice to the generality of the foregoing paragraph, Farmzie does not warrant that:

  • this website or app will be constantly available, or available at all; or
  • the information on this website or app is complete, true, accurate or non-misleading.

Nothing on this website or app constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Farmzie will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or app:

  • to the extent that the website or app is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Farmzie has been expressly advised of the potential loss.

Exceptions

Nothing in this website or app disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website or app disclaimer will exclude or limit the liability of Farmzie in respect of any:

  • death or personal injury caused by the negligence of Farmzie or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of Farmzie; or
  • matter which it would be illegal or unlawful for Farmzie to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website or app, you agree that the exclusions and limitations of liability set out in this website or app disclaimer are reasonable. If you do not think they are reasonable, you must not use this website or app.

Other parties

You accept that, as a limited liability entity, Farmzie has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Farmzie's officers or employees in respect of any losses you suffer in connection with the website or app.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website or app disclaimer will protect Farmzie's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Farmzie.

Unenforceable provisions

If any provision of this website or app disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website or app disclaimer.

Indemnity

You hereby indemnify Farmzie and undertake to keep Farmzie indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Farmzie to a third party in settlement of a claim or dispute on the advice of Farmzie's legal advisers) incurred or suffered by Farmzie arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Farmzie other rights under these terms and conditions, if you breach these terms and conditions in any way, Farmzie may take such action as Farmzie deems appropriate to deal with the breach, including suspending your access to the website or app, prohibiting you from accessing the website or app, blocking computers using your IP address from accessing the website or app, contacting your internet service provider to request that they block your access to the website or app and/or bringing court proceedings against you.

Variation

Farmzie may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website or app from the date of the publication of the revised terms and conditions on this website or app. Please check this page regularly to ensure you are familiar with the current version.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of NEVADA, USA or NORTH CAROLINA, USA and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of NEVADA, USA or NORTH CAROLINA, USA.