TERMS OF SERVICE
Last Updated: 28th of January 2025
1. Introduction
Welcome to Produce Network (“we,” “us,” “our”). These Terms of Service (“Terms”) govern your use of our website, platform, and associated services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue using our Services immediately.
2. Definitions
• “User,” “you,” “your”: The individual, business, or entity accessing our Services.
• “Account”: The personal or business profile you create to access certain features of our platform.
• “Supplier(s)”: Third-party wholesalers or growers in Greece, Italy, France, Spain, or other locations who list or provide fresh produce through our Services.
• “Restaurant(s)”: Businesses in the UK seeking to purchase fresh produce through our Services.
3. Eligibility and Account Registration
1. Eligibility
• You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. If you use our Services on behalf of a company, you represent that you have the authority to bind that company to these Terms.
2. Account Creation
• Certain features, such as placing orders or accessing credit terms, require an Account. When creating an Account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials.
• You must promptly update your Account information to keep it true, accurate, and current.
3. Account Security
• You are solely responsible for all activities that occur under your Account. If you suspect unauthorized access, please notify us immediately.
4. Services Overview
Produce Network provides an online marketplace that:
1. Facilitates the listing, ordering, and purchase of fresh produce sourced from the EU (including Greece, Italy, France, Spain).
2. Coordinates logistics and delivery from Suppliers to Restaurants in the UK.
3. Offers 30-day credit terms, subject to approval, and consolidated billing options for Restaurants.
Disclaimer: We do not guarantee the availability, quality, or exact specifications of products listed by Suppliers. We act as an intermediary, striving to ensure a smooth transaction and delivery.
5. Ordering and Payment
1. Placing Orders
• Orders can be placed through our website, online portal, or via direct communication with your account manager.
• All orders are subject to acceptance and availability.
2. Pricing and Fees
• Prices displayed are subject to change based on market conditions, currency fluctuations, or Supplier pricing.
• Taxes, delivery fees, or other charges may be added where applicable. Final charges will be shown prior to checkout.
3. Payment Terms
• We offer 30-day credit terms to eligible Restaurants, subject to a satisfactory credit check.
• If you opt for credit terms, payment must be made in full by the due date specified on the invoice. Late payments may incur additional fees or interest as permitted by law.
4. Refunds and Cancellations
• Refund or cancellation policies may vary depending on the product and specific Supplier arrangements. We will work in good faith to resolve disputes related to product quality or delivery delays.
6. User Obligations
By using our Services, you agree to:
1. Compliance
• Comply with all applicable laws, regulations, and these Terms.
• Obtain any licenses or permits required for purchasing, storing, or using fresh produce.
2. Prohibited Activities
• Do not use our Services for unlawful or fraudulent purposes.
• Do not misuse the Services by introducing viruses, malware, or any technology harmful to our platform or other users.
• Do not scrape, crawl, or otherwise extract data from our platform in an automated manner without our explicit written permission.
3. Information Accuracy
• Provide and maintain accurate information in your Account and during order placement.
7. Supplier Relationships and Responsibilities
1. Supplier Listings
• Suppliers are responsible for ensuring that the product descriptions, images, and pricing they provide are accurate and compliant with applicable regulations.
2. Quality Control
• We encourage Suppliers to uphold the highest standards of food safety and quality. However, we do not independently verify product claims or certifications beyond conducting reasonable checks.
3. Delivery and Logistics
• We coordinate logistics between you and the Supplier, but actual shipping and handling may be performed by third-party carriers. You acknowledge that delivery times and conditions may vary.
8. Intellectual Property
1. Ownership
• All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code on our website (collectively, “Content”) are owned, controlled, or licensed by or to Produce Network and are protected by intellectual property laws.
2. License to Use
• We grant you a limited, non-exclusive, non-transferable license to access and use our Content solely for your internal business purposes.
3. Restrictions
• You may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute any portion of the Content without our prior written consent.
9. Disclaimers
1. As-Is, As-Available
• Our Services and any products purchased through them are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the reliability, quality, suitability, or availability of products.
2. No Guarantee of Results
• While we strive to ensure accurate listings and timely deliveries, we cannot guarantee that your specific expectations (e.g., product condition, taste, or timing) will always be met.
3. Third-Party Content
• Any links or references to third-party websites or services are provided for convenience and do not constitute endorsement or approval. We are not responsible for the content or practices of these external sites.
10. Limitation of Liability
To the maximum extent permitted by law:
1. Indirect Damages
• Produce Network shall not be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits or revenues, even if advised of the possibility of such damages.
2. Cap on Liability
• Our total liability for any claim arising out of or relating to these Terms or the use of the Services shall not exceed the amount paid by you to us in the three (3) months preceding the claim or £1,000, whichever is greater.
3. Exclusions
• Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Some or all of these disclaimers or limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Produce Network, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising from or related to your use (or misuse) of the Services, any breach of these Terms, or any violation of applicable law.
12. Termination
1. Termination by You
• You may terminate your Account at any time by providing written notice. Any outstanding fees or obligations remain due upon termination.
2. Termination by Us
• We reserve the right to suspend or terminate your Account or access to the Services at our sole discretion if we believe you have breached these Terms or engaged in misconduct.
13. Governing Law and Dispute Resolution
1. Governing Law
• These Terms and any related disputes shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of laws principles.
2. Jurisdiction
• You agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising out of or relating to these Terms or your use of the Services.
14. Changes to These Terms
We may update or modify these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. The updated Terms will become effective upon posting. Your continued use of the Services after the posting of any changes constitutes your acceptance of those changes.
15. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, embargoes, or government regulations.
16. Miscellaneous
1. Entire Agreement
• These Terms, together with our Privacy Policy, represent the entire agreement between you and Produce Network regarding the Services.
2. Severability
• If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
3. No Waiver
• Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
.svg){kind=spacer}