Customer Terms of Service

Customer Terms of Service

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 Marketplace, 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 13 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. DEMETER EARTH MARKETPLACE 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 - American Express, Apple Pay, Diners Club, Discover, Google Pay, Mastercard, PayPal, Shop Pay, Venmo, and Visa.

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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. RESOLVING DISPUTES:

Disputes with Us

13.1. If you have a dispute with us regarding the Service, please first contact us at support@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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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 support@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.