Terms & Conditions
END USER LICENSE AGREEMENT & TERMS OF SERVICE
By accessing or using this website you are agreeing to the END USER LICENSE AGREEMENT & TERMS OF SERVICE ("TOS”, "EULA”, or "Agreement”) set forth herein. This website; all of its constituent pages as added and amended from time to time; all content on said website and any constituent page; all URL’s associated with or which lead to said website; all associated applications on any platform (including without limitation Android and IOS); all trade dress and monikers on said website; all intellectual property contained anywhere on said website (including without limitation all trademarks, service marks, copyrights, and patents); the source and any other code; all design elements and renditions; copies of any of the foregoing; and to the extent not heretofore listed all of content set forth on each and every page of the website, including without limitation all copy, marks, monikers, logos, trade dress, processes, information, and intellectual property; are, collectively and individually, the sole and exclusive property of BON HARVEST , Inc. ("Service Provider”).
You, the user, and any of your agents, representatives, assignees, employees, partners, designees, or persons to whom you have given access to the Site and the Services (whether intentionally, knowingly, negligently, or otherwise) may referred to as "user”, "buyer”, "seller”, "You” or "Licensee” depending on context.
THIS IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND SERVICE PROVIDER. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES (AS DEFINED BELOW). YOUR USE OF THE SERVICES PROVIDED BY OR THROUGH THIS WEBSITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU OBJECT TO ANY PART OR PORTION HEREOF DO NOT USE THE SERVICES.
1. The Services. Service Provider provides an exchange on which sellers of fruits, vegetables, and other foods can connect with and enter transactions with buyers and potential buyers of fruits, vegetables, and other foods. Service Provider also arranges for delivery of the goods to buyers through third parties ("the Services”). Service Provider does not sell fruits, vegetables, foods, or any other item; does not operate a delivery service; and does not engage in any other business except as set forth specifically herein.
2. The Site. The Site includes www.bonharvest.com all of its constituent pages, all content on said websites and any constituent page, all URL’s associated with or which lead to said websites, all associated applications on any platform (including without limitation Android and IOS), all trade dress and monikers on said websites, all of Service Provider’s intellectual property contained anywhere on said websites (including without limitation all trademarks, service marks, copyrights, and patents), the source and any other code, design elements, renditions, and copies of any of the foregoing. The Site further includes all amendments, modifications, and changes of any nature whatsoever to the foregoing.
3. Orders & Payment. The following provisions govern orders and payments using the Site and/or the Services.
a. Buyers. Payment for any goods or products ordered through the Services or on the Site is due at the time of the placement of any order and must be made through the payment portal accessible on the Site. Service Provider is not obligated to accept any other form of payment. If payment is accepted by cash, check, or money order, acceptance shall be subject to any additional conditions imposed by Service Provider in its sole discretion. All payments shall be made in United States dollars unless otherwise denoted by Service Provider. Service Provider may, in its sole discretion, refuse any transaction. An order placed on the Site constitutes an offer to the seller (not to Service Provider) to purchase the selected product(s) and service(s). Acceptance is in the seller’s sole discretion and may be communicated by either (i) an email or other writing confirming placement of the order or (ii) substantial fulfillment of the order. Order are subject to availability of the product(s) and/or service(s) as well as price confirmation. Prices are subject to change at any time. If a price set forth on the Site is erroneous and such error is discovered after buyer’s acceptance, the seller shall promptly notify the buyer, the contract shall be deemed void, and unless the seller opts to sell the goods and/or services at the correct price, Service Provider shall promptly issue a refund to user. Placement of an order constitutes the acknowledgement and representation of the buyer that (i) it is over the age of eighteen (18) and otherwise eligible to use the Site and (ii) it is authorized to use the credit card or other method of payment through which payment is remitted. Credit cards may be debited immediately upon provision by the buyer of the required information. A declined or refused credit card shall be deemed a failure of consideration and shall excuse any further action (or omission) by Service Provider.
b. Sellers.Service Provider shall collect payments from Buyer on its online portal and shall hold same in escrow until delivery of the goods in substantial compliance with the sales terms entered between the buyer and the seller. Substantial compliance shall be determined in Service Provider’s sole and absolute discretion.
c. Buyers & Sellers. No contract between buyer and seller shall be deemed created until the purchased goods are shipped such contract thereafter shall only apply to such shipped goods. Service Provider is not a party to the contract or third-party beneficiary and shall be indemnified by both buyer and seller and held harmless for any claim, injury, loss, or liability of any nature arising out such contract. To the extent applicable at law or in equity, user waives any claim or action for breach of express or implied contract (including without limitation quasi-contract actions). Service Provider is not responsible for shipment delay or failure caused by a third-party shipper or force majeure. Service Provider is neither the agent nor the principal with respect to any third party with which user may enter a contract, shall not be bound by any third-party contract, and shall have no liability thereunder.
4. Changes; Refund.Service Provider shall be under no obligation to refund any payment once remitted. Service Provider may, in its sole discretion, compensate if purchased goods are spoiled prior to delivery. Refunds may be in any form determined appropriate by Service Provider including online store or account credit.
5. Seller’s Failure to Deliver.Without limiting any right or remedy of Service Provider, a seller that fails to deliver goods in substantial compliance (as determined in Service Provider’s sole discretion) with a buyer’s order or of high quality is subjected to being permanently prohibited from transacting business on the Site.
6. Subscription. You shall provide true, accurate, current, and complete information as prompted by the Site and shall update such information from time to time as is necessary. The provision of false, inaccurate, or incomplete information or failure to maintain current information shall be grounds for the immediate termination of this Agreement. You agree only you will use any account created with your subscription and that you will not share any access information, including without limitation your login or password, with any third party. You are solely responsible for maintaining the security of your login and password and agree to indemnify Service Provider for any loss, damage, claim, liability, or cause of action occasioned using such login and password by any third parties. If you believe your account information has been compromised you are required to notify us immediately.
7. Third Party Accounts. The Services may, but will not necessarily, be accessed via one or more third party accounts. You agree to abide by the terms and conditions that govern such third-party account and to hold Service Provider harmless from any cause of action, liability, loss, injury, or damage caused using such third-party provider or a violation of any terms of service of such third-party provider.
8. Promotions.Service Provider may but shall under no circumstances be required to make gift or promotional offers of the Services. Any gift or promotional offers shall be pursuant to such additional terms and conditions as Service Provider shall announce in writing on the Site. Service Provider may terminate any gift or promotional offer at any time in its sole and absolute discretion. In the event of a conflict between the terms and conditions associated with a gift or promotional offer and this Agreement, the provisions of this Agreement shall control.
Terms & Conditions