Effective Date: March 23, 2021
Seller Terms of Service here.
1. Acceptance of Terms
BY ACCESSING OR USING THE SERVICES, YOU EXPRESSLY AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Croftery reserves the right to modify this Agreement and Terms. If Croftery makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Platform or Services, or updating the effective date at the top of these Terms. The amended Terms will be effective immediately and your continued access to and use of the Services after Croftery provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you may not continue accessing and using the Services.
3. The Croftery Platform and Services
Croftery is an online marketplace platform that connects you and other consumers to Cottage Food Operations (“Cottage Bakers” or “Cottage Businesses”) to facilitate delivery and pickup services. Through the Platform, you may order cottage food products (“Cottage Goods”) from Cottage Businesses. Once an order is made, the Cottage Baker is notified of the order and the Platform facilitates the completion of the order through communication between you and the Cottage Baker regarding the status of the order for delivery or pickup.
Croftery is not a restaurant, delivery service, or food preparation entity. The Cottage Businesses available on the Platform operate independently of Croftery; Cottage Businesses are not actual agents, apparent agents, ostensible agents, or employees of Croftery in any way. Any safety related effort, feature, process, policy standard or other effort undertaken by Croftery is not indicative of an employment, actual agency, apparent agency, or ostensible agency relationship with a Cottage Business. Cottage Bakers are responsible for complying with all applicable laws and regulations for the products they list for sale, including any required labels, warnings, handling, and production environment. Croftery assumes no responsibility for the handling, accuracy, labeling, or content of the Cottage Businesses’ listings or products.
You agree that Croftery is not responsible for the Cottage Bakers’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Cottage Bakers. Croftery has no responsibility or liability for acts or omissions by any Cottage Business. Please reach out to firstname.lastname@example.org for any concerns.
3.1 Ownership and License
The Platform, the Services, and all right therein are owned by or licensed to Croftery and shall remain Croftery’s property or the property of Croftery’s licensors. The Platform, Services, and everything on it are protected by copyright, trademark, trade dress, domain name, patent, trade secret, and/or other intellectual or proprietary rights and laws of the United States. You agree that you will not use Croftery’s copyright, trademark, service mark or other intellectual property and proprietary rights notices (“Croftery’s Marks”) without the express, written permission of Croftery. You agree that you will not remove, alter or obscure any Marks incorporated in or accompanying the Services. This prohibition on using Croftery’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
Subject to your complete and ongoing compliance with these Terms, Croftery grants you a personal, limited, revocable, non-transferable license to use the Platform for your personal and noncommercial use, solely as expressly permitted by this Agreement and subject to all terms and conditions of this Agreement. Nothing contained on the Platform and Materials should be interpreted as granting you any license or right to use any of the Materials, other than as otherwise provided in these Terms, and third-party proprietary content on the Platform without the express, written permission of Croftery. Any rights not expressly granted herein are reserved by Croftery and Croftery’s licensors.
You may not modify, alter, reproduce, distribute, prepare derivative works based upon, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Croftery. You may not remove any proprietary notices from any portion of the Services. You may not decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law. You may not cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services. You may not attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
4. Using Croftery
4.1 User Account
You may be required to register for an account (“User Account”) to use parts of the Services. You must be at least 18 years of age to obtain an account or, if you are a minor, you must have the permission of, and be directly supervised by, your parent or legal guardian to create a User Account. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete.You are the sole authorized user of any account you create through the Services.
If you provide any information that is untrue, inaccurate, not current or incomplete, Croftery has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete and Croftery has the right to block your current or future use of the Platform and any portion or all of the Services and/or terminate this Agreement and its terms with you. You agree not to create an account or use the Services if you have been previously removed by Croftery, or if you have been previously banned from use of the Services.
You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Croftery immediately. Croftery will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Croftery or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use.
4.2 User Content
4.2.1 User Content
Croftery may provide you with interactive opportunities through and/or on the Platform and Services (“User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You further represent and warrant that any User Content that you submit, post and/or otherwise transmit through the Services:
- Does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Does not contain material that is false, intentionally misleading, or defamatory;
- Does not contain any material that is unlawful;
- Does not violate any law or regulation; and
- Does not violate these Terms.
4.2.2 Usage of User Content
You hereby grant Croftery the fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Croftery’s business (“Uses”), without notification to, approval by, or payment to you. You grant Croftery a license to use your profile information, including, but not limited to, your ratings history to attribute User Content to you, without notification to or approval by you. You further understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose. You hereby expressly release Croftery and each of their officers, directors, employees, members, assigns, licensors, agents, business partners, and representatives from any and all liability for the action of all third parties, or for any damages you allege to incur as a result of or relating to any third-party content. The license granted to Croftery herein shall survive termination of the Services of your account.
Croftery reserves the right to remove or disable access to any User Content from the Services, suspend or terminate your account at any time. You agree that Croftery may monitor and/or delete your User Content for any reason in Croftery’s sole discretion. Croftery may also access, read, preserve, and disclose any information as Croftery deems reasonably necessary to (a) satisfy any applicable law or governmental requires, (b) enforce this Agreement, (c) detect, prevent or otherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of Croftery, its Users and the public.
You may choose to, or Croftery may invite you to, submit comments, ideas, proposals and/or other feedback about the Service (“Feedback”). You agree that any submission is at your own risk and that Croftery is free to use such Feedback without obligations (including, but not limited to, obligations of confidentiality) to you. You hereby grant to Croftery a fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback for any purpose.
4.3.4 Ratings and Reviews
Your ratings and reviews of Cottage Businesses (“Ratings” and “Reviews) are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Croftery and do not represent the views of Croftery. Croftery has no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. You agree that:
- You will base any Ratings and Reviews on first-hand experience with the Cottage Business;
- You will not provide a Rating or Review for any Cottage Business for which you have an ownership interest, employment relationship or other affiliation to that Cottage Business or any of that Cottage Business’s competitors;
- You will not submit a Rating or Review in exchange for benefits from a Cottage Business;
- Any Ratings and Reviews will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and
- Your Ratings and Reviews will comply with the terms of this Agreement.
- You will not post any hateful or defamatory messages.
Croftery has the sole discretion to remove any Ratings or Reviews that violates these Terms without notice.
4.3 User Conduct
By accessing and using the Platform and/or Services, you agree:
- To comply with the Agreement and all applicable laws, rules and regulations in connection with your use of the Platform and Services;
- Not to use the Platform and/or Services for any commercial or other purposes that are not expressly permitted by this Agreement;
- Not to use the Platform and/or Services in a manner that falsely implies our endorsement, partnership, or otherwise mislead others as to your affiliation with us;
- Not to use the Platform and/or Services in any manner that could damage, disable, overburden, and/or impair the Platform and/or interfere with any other party’s use and enjoyment of the Platform;
- Not to conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or content from the Platform;
- Not to avoid, bypass, remove, deactivate, impair, or attempt to circumvent any technological measure implemented by Croftery to protect the Platform;
- Not to otherwise attempt to gain unauthorized access to any part of the Platform and/or Service;
- Not to deep-link to or frame the Platform and/or access the Platform manually and/or with any device or other means to scrape, copy, and/or monitor any portion of the Platform;
- Not to create or compile any collection, compilation, database, or directory from the Platform;
- Not to create Ratings and Reviews for or with any commercial or other purpose or intent that does not in good faith comport with the purpose of the Platform;
- Not to harass, annoy, intimidate, or threaten any Croftery employees, contractors, or agents and not to engage in any other behavior that Croftery deems inappropriate when using the Platform and/or Services;
- Not to engage in any criminal or tortious activity;
- Not to rent, lease, redistribute, sell, sublicense, decompile, disassemble, or otherwise reduce the Platform for any purpose, including, but not limited to, to build a product and/or service competitive with the Platform and Services; and
- Not to disrupt, interfere with, or otherwise harm or violate the security of the Platform and any Services.
Furthermore, when interacting with Croftery sellers, you must maintain all state COVID guidelines and must not threaten or interfere with the seller. The transaction must be related to your order unless mutually agreed to. If there are any emergencies, please dial 911 and inform us via email@example.com.
You agree to comply with the above User Conduct requirements, and agree to not assist or permit any person in engaging in any conduct that does not comply with the above conduct. Failure to comply with the User Conduct requirements or any violation of these terms may result in the loss of access to the Platform and/or Services and/or the termination of this Agreement.
4.3.1 User Conduct within Interactive Areas
By transmitting your content, you agree to follow the conduct standards below, and any additional guidelines that may be stated on the Platform. You agree that your User Content will not:
- Be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, hateful, invasive, and/or otherwise objectionable;
- Have a commercial, political, or religious purpose;
- Be false, misleading, and/or not written in good faith;
- Infringe any patent, trademark, trade secret, and/or other intellectual property and proprietary rights;
- Be illegal and/or promote illegal activity;
- Contain unauthorized advertising or soliciting;
- Be intended to interrupt, destroy, or limit the functionality or integrity of the Platform.
We may manage the Platform to protect our property and rights and facilitate the proper functioning of the Platform, and may monitor all use of the Platform, but we are under no obligation to do so. If any of your User Content violates the conduct standards, or any other terms in this Agreement, we reserve the right, in our sole discretion and without notice to you, (a) to change, delete or remove, in part or in full, any of your User Content, (b) to terminate or suspend access to any interactive areas of the Platform, and/or (c) terminate or suspend your Account.
4.4 Third-Party Interactions
4.4.1 Third-Party Websites, Applications and Advertisements
By creating a Croftery account, you agree to accept and receive communications from Croftery including via email, text message, calls, and push notifications to the cellular telephone number you provided to Croftery. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out.
5.1 General Payment Terms
You understand that the prices for menu items displayed through the Service may differ from the prices offered or published by Cottage Bakers for the same menu items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the menu items are sold. Please note that in some cases, the estimated pricing published through the Service at time of checkout may differ from the prevailing pricing; for instance, a Cottage Baker may charge more for some items than is estimated. Croftery reserves the right to determine final prevailing pricing of all items ordered through the Service. In cases in which prevailing pricing is different than the estimated pricing, the fees you are ultimately charged may be different than the estimate. You acknowledge and agree to pay the prevailing pricing and fees. Croftery has no obligation to itemize its costs, profits or margins when publishing prices on the Platform and reserves the right to change such prices at any time, at its discretion.
Certain features of the Service, including placing orders, may require you to make certain payments, including commissions or other fees. Croftery may change, or add, fees for our Service at any time as we deem necessary or appropriate for our business. You will have an opportunity to review and accept an estimate of the fees that you will be charged, as applicable. The final fees may differ from the estimate, which may be the result of any requested substitutions or the ultimate prevailing price of the items. In some cases we may not be able to provide an estimate of the fees, such as when the merchandise cost is unknown or we are otherwise unable to predict fees. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee. You also acknowledge and agree that the fees in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.
With respect to Cottage Bakers, specific fees you incur will be owed directly to the Cottage Businesses, and Croftery will collect payment of those fees from you, on the Cottage Business’s behalf as their limited payment collection agent, and payment of the fees shall be considered the same as payment made directly by you to the Cottage Business.
The final transaction will include applicable taxes where required by law. Croftery will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information, after which you will receive a receipt.
Charges paid by you are final and non-refundable and will be quoted in the local currency of the location where the order is being placed. Croftery has no obligation to provide refunds or credits, but may grant them, in each case in Croftery’s sole discretion and regardless of your decision to terminate your usage, our decision to terminate your usage, and/or any disruption caused to the Services for any reason whatsoever.
Croftery may make promotional offers with different features and different rates to any of our customers. These promotional offers shall have no bearing whatsoever on your use of the Service or fees charged to you. Croftery reserves its right to expire or modify any promotion at any time.
If you think a correction should be made to any charge you incurred, you must let Crfotery know in writing within 30 days after the charge took place or Croftery will have no further responsibility and you waive your right to later dispute the amounts charged.
5.2 Payment Authorization
If you pay any amounts with a credit card, Croftery may seek pre-authorization of your credit card prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Croftery may use a secondary payment method in your account, if available.
5.3 Delinquent Accounts
If payment for purchases on your account is delinquent, your account information may be sent to a collection agency or debt collector and you may be subject to a collection action, and payment of collection related fees and costs.
5.4 Customer No Pickup
Croftery reserves the right to charge a customer the full order amount if that customer does not pick up their order within one hour of the designated time.
5.5 Canceled Orders
If you cancel your Croftery order, you will be charged the full amount of the transaction and no refunds will be issued.
5.6 Incorrect Address
If you provide an incorrect address or decide to change it for the order, the seller may decide to cancel your order without a refund. Please ensure that your address is correct for your order.
6. Privacy and Protecting Personal Information
You agree to indemnify and hold harmless Croftery and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from:
- Your User Content;
- Your misuse of the Services;
- Your breach of this Agreement or any representation, warranty or covenant in this Agreement; or
- Your violation of any applicable laws, rules or regulations through or related to the use of the Services.
In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Croftery reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Croftery in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Services.
8. Disclaimer of Warranties
You expressly understand and agree that to the fullest extent of law, your use of the Services is at your sole risk. The Services are provided “as is” and “as available” without warranties of any kind, either express, implied, statutory or otherwise. Croftery makes no representations, warranties, or guarantees as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Services. Croftery does not represent or warrant that the Services or Software will be secure, timely, uninterrupted or error-free or that the Services or Software that make the Services available are free of viruses or other harmful components.
Croftery shall not be liable for delay or failure in performance resulting from causes beyond Croftery’s reasonable control, including, but not limited to, problems inherent in the use of the internet and electronic communications. Croftery is not responsible for any delays, delivery failures, or other damages resulting from such problems.
9. Limitation of Liability
In no event shall Croftery be liable to you for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss or damages whatsoever, including, but not limited to, personal injury, loss of data, revenue, profits, reputation, use, or other economic advantage, even if Croftery has been previously advised of the possibility of such damages, arising out of a warranty, contract, negligence, tort, or any other action of any type that in any manner arises out of or in connection with the Platform or the Services provided on or through the Platform or by Croftery.
You and Croftery agree that the warranty disclaimers and limitations of liability in this Agreement are fair and reasonable, material, bargained-for bases of this Agreement, and that they have been taken into account in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. Your sole and exclusive remedy is to discontinue using the platform and services, which you may do at any time.
However, if there are any issues in terms of food quality, safety, please contact firstname.lastname@example.org and the issue will be dealt with on a case-by-case basis. Since your product is being provided by an authorized cottage food seller, you will be dealing with the business directly and may involve the WSDA. Refunds will be issued on a case-by-case basis.
9.1 Cap on Liability
To the fullest extent permitted by law, in no event shall Croftery’s aggregate liability exceed the fees actually paid by you to Croftery in the three (3) month period immediately preceding the event giving rise to such claim or $100, whichever is less.
10. Other Provisions
10.1 No Joint Venture or Partnership
No joint venture, partnership, employment, or agency relationship exists between you, Croftery or any Third Party Provider as a result of this Agreement or use of the Services.
10.2 Governing Law and Exclusive Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Washington without regard to the choice or conflict of law principles of any jurisdiction; except as may be otherwise provided in the Dispute Resolution and Arbitration Section, for which the Federal Arbitration Act governs. If a lawsuit or court proceeding is permitted under these Terms, you and Croftery agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within King County, Washington for the purpose of litigating any dispute.
If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Ness to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ness in writing.
Croftery may give notice by any means of communication reasonably anticipated to notify you of the information provided. By way of example only, such communication may be a general notice on the Services or via email to the email address listed on your Croftery account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch.
10.5 Electronic Communications
For contractual purposes, you (1) consent to receive communications from Croftery in an electronic form and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Croftery provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current.
10.6 Transfer and Assignment
You may not assign these Terms without Croftery’s prior written approval, but may be assigned by Croftery without restriction. Any attempted transfer or assignment by you in violation of this section shall be void.
This Agreement, together with any amendments and any additional agreements you may enter into with Croftery in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and Croftery concerning the Platform and the Services hereunder. Croftery’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Croftery in writing.
Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, Croftery may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to any portion or all of the Services, at any time for any reason or for reasons within this Agreement. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by closing your account and ceasing use of the Platform and Services provided herein.
Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement.