Terms and Conditions
Definitions
“FarmTab,” “Company,” “we,” “us,” and “our” refer to FarmersTable LLC, doing business as FarmTab, including its owners, members, managers, employees, contractors, affiliates, successors, and assigns.
“Platform” means the FarmTab website, mobile applications, software, technology, services, communications systems, and related functionality offered by the Company.
“Merchant” means any farm, producer, grower, food business, or other seller offering products through the Platform.
“Customer” means any individual or entity purchasing, reserving, subscribing to, or otherwise obtaining products through the Platform.
“User” means any person who accesses or uses the Platform, including Customers and Merchants.
“Order” means any request, reservation, purchase, subscription, or transaction submitted through the Platform.
“User Content” means any text, images, photographs, videos, reviews, comments, messages, data, communications, or other content submitted by a User.
“Third-Party Service Provider” means any independent service provider utilized in connection with the Platform, including payment processors, delivery providers, messaging services, hosting providers, software vendors, and related service providers.
“Account” means a registered user profile created to access portions of the Platform.
1. Marketplace Services
FarmTab operates solely as a technology platform that facilitates connections between Customers and Merchants.
FarmTab is not the seller, grower, producer, distributor, processor, packager, transporter, warehouse operator, retailer, wholesaler, or owner of products offered by Merchants unless expressly stated otherwise.
All product listings, descriptions, availability, quality, quantity, safety, labeling, pricing, and regulatory compliance are solely the responsibility of the Merchant offering such products.
Transactions occurring through the Platform are transactions between the Customer and the applicable Merchant. FarmTab acts solely as a limited agent for payment facilitation and marketplace administration.
FarmTab reserves the right to refuse, suspend, modify, cancel, limit, or reject any Order, listing, Account, Merchant relationship, or Platform activity at any time and for any lawful reason.
FarmTab is not the employer, agent, representative, partner, joint venturer, contractor, or legal representative of any Merchant, Customer, delivery provider, or third-party service provider. No party shall have authority to bind FarmTab to any obligation, representation, warranty, contract, or liability.
2. Customer Terms
Customers are responsible for reviewing all product information prior to placing an Order.
Customers acknowledge that agricultural products are subject to seasonal availability, weather conditions, harvest variability, supply limitations, and natural fluctuations.
Customers understand and agree that products received may differ in appearance, size, color, weight, variety, packaging, or other characteristics from photographs or descriptions displayed on the Platform.
Customers are responsible for providing accurate delivery, contact, and payment information.
Customers agree not to misuse the Platform, interfere with Platform operations, engage in fraudulent activity, or violate any applicable law while using the Platform.
3. Merchant Terms
Merchants represent and warrant that they possess all licenses, permits, registrations, inspections, certifications, approvals, and authorizations required under applicable federal, state, and local laws.
Merchants are solely responsible for the products they offer through the Platform, including product quality, food safety, labeling, packaging, storage, handling, transportation, regulatory compliance, and customer communications.
Merchants shall maintain accurate product listings and promptly update inventory, pricing, availability, and product descriptions.
Merchants agree not to sell prohibited, illegal, counterfeit, adulterated, unsafe, recalled, restricted, or regulated products through the Platform unless expressly authorized by law and approved by FarmTab.
FarmTab reserves the right to remove listings, suspend Accounts, withhold payouts, or terminate Merchant access for any actual or suspected violation of these Terms.
Regulatory Compliance
Merchants are solely responsible for compliance with all applicable federal, state, and local laws, regulations, ordinances, licensing requirements, food safety requirements, labeling requirements, agricultural regulations, consumer protection laws, tax obligations, and reporting obligations applicable to their business and products.
FarmTab does not monitor or verify Merchant compliance and assumes no responsibility for any regulatory violations committed by Merchants.
4. Orders, Payments, and Fees
All Orders are subject to acceptance and availability.
FarmTab may cancel, reject, modify, delay, hold, or reverse Orders or payments for fraud prevention, legal compliance, inventory issues, technical errors, payment disputes, security concerns, or operational reasons.
Pricing, fees, taxes, delivery charges, service fees, and processing fees may change at any time without prior notice.
Payment processing services are provided by independent Third-Party Service Providers. FarmTab does not control and is not responsible for payment processing operations, delays, interruptions, errors, or failures.
Merchants authorize FarmTab to deduct service fees, refunds, chargebacks, payment disputes, penalties, processing costs, and other amounts owed from future payouts.
Chargebacks and Payment Disputes
If a Customer initiates a chargeback, payment dispute, reversal, or similar claim relating to an Order, FarmTab may investigate the matter and take any action it deems appropriate.
Merchants remain financially responsible for all chargebacks, reversals, refunds, penalties, fees, assessments, and costs arising from Orders fulfilled through the Platform.
FarmTab may recover such amounts through deductions from current or future payouts, direct invoicing, collection efforts, legal action, or any other lawful means.
FarmTab’s rights under this section survive termination of the Merchant relationship.
5. Delivery Services
FarmTab does not provide delivery services and is not a transportation provider, courier, carrier, freight company, or logistics company.
Delivery services may be performed by independent Third-Party Service Providers.
Estimated delivery times are estimates only and are not guaranteed.
FarmTab is not responsible for delivery delays, failed deliveries, incorrect deliveries, lost deliveries, driver conduct, traffic conditions, weather conditions, vehicle failures, or actions of Third-Party Service Providers.
Risk of loss and responsibility for products transfer upon delivery to the location specified by the Customer or upon pickup by the Customer.
6. Refunds, Returns, and Disputes
Except where required by law, all sales are final.
Refund requests must be submitted within twenty-four (24) hours following delivery or pickup.
FarmTab may facilitate refunds on behalf of Merchants but is not obligated to provide refunds.
Delivery fees, service fees, processing fees, subscription fees, and other non-product charges are non-refundable unless otherwise required by law.
FarmTab reserves sole discretion to determine eligibility for refunds facilitated through the Platform.
7. Food Product Disclaimer
FarmTab does not inspect, test, verify, certify, package, prepare, store, process, transport, or monitor products offered by Merchants.
FarmTab makes no representations or warranties regarding food safety, freshness, quality, nutritional value, allergen content, labeling accuracy, suitability for consumption, or compliance with applicable food regulations.
Products may contain allergens or may be processed in facilities that handle allergens. Customers are solely responsible for reviewing product information and contacting Merchants regarding dietary restrictions, allergies, or sensitivities.
Customers assume all risks associated with the purchase, handling, preparation, consumption, and use of products obtained through the Platform.
8. User Accounts
Users are responsible for maintaining the confidentiality of their Account credentials.
Users are responsible for all activities occurring under their Accounts.
FarmTab may suspend, restrict, terminate, or investigate Accounts suspected of unauthorized use, fraud, abuse, security risks, policy violations, or unlawful conduct.
Users must immediately notify FarmTab of any suspected unauthorized access to their Account.
Age Requirements
The Platform is intended only for individuals who are at least eighteen (18) years of age and capable of entering into legally binding agreements.
By accessing or using the Platform, Users represent and warrant that they are at least eighteen (18) years old and possess the legal capacity to enter into these Terms.
FarmTab reserves the right to suspend or terminate any Account if it reasonably believes the User does not satisfy these requirements.
Electronic Communications and Messaging Consent
By creating an Account, providing contact information, placing an Order, or using the Platform, Users consent to receive transactional emails, telephone calls, push notifications, and SMS text messages relating to Accounts, Orders, deliveries, subscriptions, customer service matters, security alerts, and Platform operations.
Message and data rates may apply.
Consent to receive transactional communications is not a condition of purchasing goods or services.
Users are responsible for maintaining accurate contact information and acknowledge that FarmTab is not responsible for communications that are not received due to inaccurate or outdated contact information.
Data Integrity
FarmTab does not guarantee the preservation, availability, accuracy, completeness, or recoverability of any data, content, communications, account information, transaction history, or records stored through the Platform.
Users are solely responsible for maintaining backup copies of any information they consider important.
9. User Content
FarmTab may permit Users to submit, upload, post, transmit, communicate, or otherwise make available User Content through the Platform.
Users retain ownership of any intellectual property rights they hold in their User Content. However, by submitting User Content through the Platform, Users grant FarmTab and its affiliates, successors, assigns, contractors, service providers, and sublicensees a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable, non-exclusive license to use, reproduce, store, modify, adapt, translate, publish, distribute, publicly display, publicly perform, create derivative works from, and otherwise utilize such User Content in any media now known or later developed for any lawful business purpose.
Users are solely responsible for all User Content they submit to the Platform. FarmTab does not review, verify, monitor, or guarantee that User Content complies with copyright, trademark, publicity, privacy, or other intellectual property laws. FarmTab reserves the right to remove any User Content that it believes may infringe the rights of any person or entity.
This license includes the right to use User Content for advertising, marketing, promotional materials, social media, search engine optimization, customer support, analytics, product development, quality assurance, security monitoring, and Platform operations.
Users represent and warrant that they own or possess all necessary rights, permissions, consents, and authorizations required to submit User Content and grant the licenses described herein.
Users agree that FarmTab is under no obligation to display, publish, maintain, store, attribute, compensate, or otherwise utilize any User Content.
FarmTab reserves the right, but has no obligation, to monitor, review, edit, remove, restrict, disable access to, or refuse publication of any User Content for any reason or no reason.
Users acknowledge that FarmTab may preserve and disclose User Content if required to do so by law, legal process, governmental request, court order, or if FarmTab reasonably believes disclosure is necessary to protect its rights, property, safety, Users, Merchants, Customers, or the public.
Users shall not submit User Content that:
(a) violates any law or regulation;
(b) infringes any intellectual property or privacy rights;
(c) contains false, misleading, fraudulent, or deceptive information;
(d) contains unlawful, defamatory, obscene, threatening, harassing, abusive, hateful, discriminatory, or offensive material;
(e) contains viruses, malware, malicious code, or harmful software;
(f) interferes with the operation, security, or integrity of the Platform; or
(g) violates these Terms.
FarmTab assumes no responsibility or liability for User Content posted, transmitted, or shared by Users.
Copyright Infringement Policy
FarmTab respects the intellectual property rights of others and expects Users to do the same.
If you believe that any content available through the Platform infringes your copyright, trademark, or other intellectual property rights, please notify FarmTab by emailing support@farmtab.com with sufficient information to identify the allegedly infringing material and the basis for your claim.
Upon receiving a complaint, FarmTab may investigate the matter and may remove, disable access to, or restrict the allegedly infringing content while the matter is reviewed.
FarmTab reserves the right, in its sole discretion, to remove content, suspend Accounts, terminate Accounts, withhold payouts, or take any other action it deems appropriate in response to alleged intellectual property infringement.
Users who submit content to the Platform represent and warrant that they possess all necessary rights, permissions, licenses, and authorizations required to submit, publish, and distribute such content.
FarmTab may, in its sole discretion, suspend or terminate Accounts of Users who repeatedly or materially infringe the intellectual property rights of others.
10. Intellectual Property
The Platform, including all software, code, designs, layouts, graphics, logos, trademarks, service marks, trade names, databases, content, functionality, technology, and intellectual property rights associated with the Platform, are owned by or licensed to FarmTab and are protected by applicable intellectual property laws.
Except as expressly authorized by FarmTab in writing, Users shall not:
(a) copy, reproduce, distribute, modify, display, publish, license, sell, lease, transmit, create derivative works from, or exploit any portion of the Platform;
(b) reverse engineer, decompile, disassemble, attempt to derive source code, or otherwise attempt to access underlying technology;
(c) scrape, harvest, extract, collect, or compile Platform data using automated means;
(d) utilize bots, crawlers, spiders, scripts, artificial intelligence systems, automated agents, or similar technologies to access or interact with the Platform;
(e) circumvent or interfere with security measures implemented by FarmTab;
(f) use FarmTab trademarks, logos, trade dress, branding, or other intellectual property without prior written authorization.
Any unauthorized use of the Platform may result in immediate suspension or termination of access and may subject the User to legal action.
All rights not expressly granted under these Terms are reserved by FarmTab.
11. Third-Party Services
The Platform may integrate with Third-Party Service Providers including payment processors, delivery providers, messaging services, analytics providers, and software vendors.
FarmTab does not control and is not responsible for the actions, omissions, availability, security, accuracy, policies, pricing, or performance of any Third-Party Service Provider.
Users interact with Third-Party Service Providers at their own risk and may be subject to separate terms and conditions imposed by such providers.
12. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARMTAB DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, OR PERFORMANCE.
FARMTAB DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION, ERROR, DELAY, VIRUS, MALWARE, OR SECURITY BREACH.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FARMTAB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOST PROFIT DAMAGES ARISING FROM OR RELATED TO THE PLATFORM, PRODUCTS, ORDERS, DELIVERIES, OR THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, FARMTAB’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL FARMTAB’S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF:
(A) ONE HUNDRED DOLLARS ($100); OR
(B) THE TOTAL AMOUNT OF FEES ACTUALLY RECEIVED BY FARMTAB FROM THE USER DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
Users agree to defend, indemnify, and hold harmless FarmTab and its owners, members, managers, officers, employees, contractors, affiliates, successors, and assigns from and against any claims, damages, liabilities, losses, judgments, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from:
(a) violation of these Terms;
(b) misuse of the Platform;
(c) User Content;
(d) products sold through the Platform;
(e) food safety issues;
(f) personal injury, property damage, illness, contamination, allergic reactions, or regulatory violations associated with products sold through the Platform; or
(g) violation of applicable law.
15. Force Majeure
FarmTab shall not be liable for delays, interruptions, failures, or inability to perform resulting from causes beyond its reasonable control, including weather events, floods, fires, epidemics, pandemics, labor disputes, governmental actions, internet outages, utility failures, payment processor outages, transportation disruptions, agricultural losses, crop failures, supply shortages, cyberattacks, or acts of God.
16. Dispute Resolution and Arbitration
To the fullest extent permitted by law, any dispute, claim, controversy, or cause of action arising out of or relating to the Platform, the services provided by FarmTab, any Order, any transaction, or these Terms shall be resolved exclusively through binding arbitration.
Prior to initiating arbitration, the party asserting the dispute shall provide written notice describing the nature of the dispute and allow thirty (30) days for informal resolution.
If the dispute cannot be resolved informally, it shall be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules.
The arbitration shall take place in Camden County, New Jersey unless otherwise agreed by the parties.
The arbitrator shall have exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of these Terms.
The parties waive any right to a trial by jury.
The parties further agree that any arbitration or legal proceeding shall be conducted solely on an individual basis and not as part of any class action, collective action, representative action, mass action, or private attorney general proceeding.
Users expressly waive any right to participate as a plaintiff, claimant, class member, or representative in any class or representative proceeding against FarmTab.
Nothing in this section shall prevent FarmTab from seeking temporary restraining orders, injunctions, equitable relief, or collection actions in any court of competent jurisdiction.
17. Governing Law
These Terms and any dispute arising from or relating to the Platform, services, Orders, transactions, or relationship between the parties shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.
Subject to the arbitration provisions contained herein, the parties agree that any action requiring court involvement shall be brought exclusively in the state or federal courts located within New Jersey, and each party consents to the personal jurisdiction and venue of such courts.
18. Termination
FarmTab reserves the right, in its sole discretion and without prior notice, to suspend, restrict, disable, terminate, or permanently remove access to the Platform, any Account, listing, Order, subscription, Merchant relationship, Customer relationship, or Platform functionality at any time and for any reason or no reason.
Reasons for suspension or termination may include, but are not limited to:
(a) violation of these Terms;
(b) suspected fraud or unlawful conduct;
(c) payment disputes or chargebacks;
(d) security concerns;
(e) abuse of the Platform;
(f) misuse of promotional offers;
(g) violation of applicable law; or
(h) conduct that FarmTab determines may expose FarmTab, its Users, Merchants, Customers, service providers, or the public to liability, harm, or reputational damage.
Termination shall not limit any rights or remedies available to FarmTab under applicable law.
Upon termination, FarmTab may delete, remove, disable access to, or retain data, content, records, communications, and account information as permitted by law and its internal policies.
Any provisions of these Terms which by their nature should survive termination shall survive termination, including limitations of liability, indemnification obligations, dispute resolution provisions, intellectual property protections, and payment obligations.
19. Miscellaneous
Entire Agreement
These Terms, together with any policies, guidelines, notices, or agreements incorporated by reference, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, representations, understandings, and agreements.
Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver
Failure by FarmTab to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Assignment
Users may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without prior written consent from FarmTab. FarmTab may freely assign or transfer these Terms and its rights and obligations at any time.
Electronic Communications
Users consent to receive notices, disclosures, communications, and agreements electronically. Electronic communications satisfy any legal requirement that such communications be in writing.
Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, agency, employment, franchise, fiduciary, or similar relationship between FarmTab and any User, Merchant, or Customer.
Headings
Section titles and headings are provided solely for convenience and shall not affect interpretation.
Survival
Any provisions which by their nature are intended to survive expiration or termination shall remain in effect following termination, including provisions relating to intellectual property, indemnification, limitations of liability, dispute resolution, payment obligations, and governing law.
Reservation of Rights
FarmTab reserves all rights not expressly granted under these Terms.
No failure or delay by FarmTab in exercising any right, power, or remedy shall operate as a waiver of that right, power, or remedy.
Contact Information
Questions regarding these Terms may be directed to support@farmtab.com or through the contact methods provided on the Platform.