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© 2019 by Market 2day

TERMS OF USE AGREEMENT

Thank you for your interest in Mkt2Day LLC (“Mkt2Day”). By using this website, mobile application or the Mkt2Day Services (as defined below), whether as a customer, vendor, shopper or otherwise, you are agreeing to abide by these Terms of Use (the “Terms”). These Terms constitute a legally binding agreement between you and Mkt2Day and which govern your use of and access to the Mkt2Day and mobile application (including the webpages contained or hyperlinked therein and owned or controlled by Mkt2Day, the “App”) and the Mkt2Day Services.

If you are under the age of 18, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the App and the Mkt2Day Services, and your parent or legal guardian must read and agree to these Terms prior to your using the App and the Mkt2Day Services.

The App is owned and operated by Mkt2Day. Mkt2Day reserves the right to modify or discontinue, temporarily or permanently, and at any time, the App and/or the Mkt2Day Services (or any part thereof) with or without notice. You agree that Mkt2Day shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Mkt2Day Services.

Mkt2Day may modify these Terms from time to time, and any change to these Terms will be reflected on the App (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the App or the Mkt2Day Services. Mkt2Day may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, Mkt2Day may make corrections to typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information at any time, without prior notice.

The App and the Mkt2Day Services

The App is a third-party marketplace for customers (“Customers”) to view, discuss, and place orders for food and other products, and pick-up and/or delivery services in connection therewith, with participating farmers market vendors (“Vendors”), either through shoppers who coordinate the shopping and delivery services for Customers (“Shoppers”) or directly with the Vendors (the “Mkt2Day Services”). Mkt2Day provides order placement services only. Mkt2Day is not a merchant of food or other products, or provider of any pickup or delivery services in connection therewith and does not control the Vendor or the production of any food or other products, or any pick-up or delivery services therewith coordinated and controlled by Shoppers. Any reference to “user” in these Terms shall refer collectively, as applicable, to the Customers, Vendors and Shoppers.

These Terms govern the relationship between and among the Customers, Vendors, Shoppers and Mkt2Day and describe the various roles and responsibilities of each party. Mkt2Day does not in any way independently guarantee or verify the credentials or representations of any of the Vendors, the ingredients or the quality of any their products or services, or any Vendor’s compliance with applicable laws, or of the Shoppers in connection with the delivery of the products to Customers.

Customers using the Mkt2Day Services may inquire directly with the Shoppers and/or Vendors, as applicable, as to the quality and reliability and quality of the Vendors and the Vendors’ compliance with applicable laws. Mkt2Day, including the App and the Mkt2Day Services, does not in any way guarantee the quality of any Shopper, Vendor or any food or other product, or any pickup or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, a Vendor may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; Mkt2Day does not investigate or verify any such representations. Mkt2Day shall not be liable or responsible for any food or other products, or any other services, offered by the Vendors or any errors or misrepresentations made by them (including on the App and through the Mkt2Day Services). In the event of a Customer’s dissatisfaction with the products or the quality, standards or issues with the food products, the Customer’s sole remedy shall be against the Vendor. To the extent a Shopper has been engaged, such Shopper’s sole responsibility shall be for coordinating the packaging of all ordered products from Customers in a safe and commercially reasonable manner and the delivery of such products to the Customer as directed by the Customer. Customer’s sole recourse for any late delivery of the products or quality of the products caused by the delivery method of the products shall be against the applicable Shopper. Mkt2Day’s role is to facilitate the purchase and exchange of food and other products from Vendors and Shoppers to Customers and therefore shall have no liability whatsoever for any matter relating to these Terms or such relationship other than if directly caused by the breach by Mkt2Day of its obligations under these Terms. 

ORDERING AND PAYMENT

Mkt2Day’s shopping and delivery fees and the prices of Vendors’ products are charged to the Customer via the App. When a Customer places an order through the Mkt2Day Services, the Customer will be given a choice of payment options, which may include via Apple Pay, Credit Card, PayPal®, Android Pay, and direct payment to the applicable Vendor. If a Customer pays for their purchase via Apple Pay, Credit Card, PayPal, or Android Pay, we will ask for a valid Apple Pay account, Credit Card, PayPal account, or Android Pay account, as applicable, which will be billed through the Mkt2Day Services, for the purchase price of the applicable order, and “Mkt2Day” will be the name that appears on the Apple Pay, Credit Card, PayPal, or Android Pay statement, as applicable. Shoppers and the Vendors are paid directly through a payment processing service integrated in the App from monies received from a Customer.  While the terms of each payment processing service may differ, payment processing services charge approximately 2-3% of revenue.  Vendors will be responsible for paying for the payment processing fees through a deduction in the net amount to be received by the Vendor. If Mkt2Day elects to receive additional fees such as receive a commission in the future in connection with the sales to Customers, it shall provide the Shoppers and Vendors with at least thirty (30) days prior notice of such change. Such commission fees shall then be deducted from the payment received from the Customer. As stated above, however, Mkt2Day, including the App and the Mkt2Day Services, is not and shall not in any manner be considered the seller of any of the food, other products, and services ordered.

REFUND POLICY

Mkt2Day takes customer satisfaction very seriously. A Customer should contact us if they have any problems with their order. Mkt2Day may then contact the appropriate Shopper and/or Vendor(s).  In appropriate cases, if a Customer has already been billed by Mkt2Day, Mkt2Day may issue full or partial refunds or credits. If such refunds or credits are issued, Mkt2Day is authorized to be reimbursed and/or credited by the applicable Shopper and/or Vendor(s).

USER REPRESENTATIONS, WARRANTIES AND COVENANTS

ALL USERS:

By using the App and/or the Mkt2Day Services, the User represents, warrants, and covenants that:

  1. All registration information the User submits is truthful and accurate, and that the User will maintain the accuracy of such information;

  2. The User will keep his or her password confidential and will be responsible for all use of the User’s password and account;

  3. The User is not a minor in the jurisdiction in which he or she resides, or if the User is a minor, that the User is above the age of 13 and has received the permission of the User’s parents or legal guardian to use the App and the Mkt2Day Services; and

  4. The User’s use of the App and the Mkt2Day Services does not violate any applicable law.