Terms and Conditions

Welcome to HomeGrown ("we," "us," "our," or "the Platform"), an online marketplace that connects local produce growers, farmers, and gardeners with buyers seeking fresh, locally-sourced food. These Terms of Service ("Terms") govern your access to and use of our platform, including our website, mobile applications, and all related services.

By accessing, browsing, or using HomeGrown in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our platform.

These Terms constitute a legally binding agreement between you and HomeGrown. We reserve the right to modify, update, or change these Terms at any time at our sole discretion. We will notify users of material changes by posting the updated Terms on our platform and updating the "Last updated" date. Your continued use of the platform after any such changes constitutes your acceptance of the new Terms.

2.1 Our Marketplace

HomeGrown is a peer-to-peer marketplace that facilitates transactions between sellers (producers of fresh produce) and buyers (consumers seeking locally-grown food). Our platform provides tools for listing, discovering, communicating, and coordinating the exchange of fresh produce, herbs, and other garden products.

2.2 Services We Provide

• Online marketplace for listing and browsing fresh produce
• User registration and profile management
• Search and filtering capabilities based on location, produce type, and availability
• Messaging system for buyer-seller communication
• Rating and review system for community feedback
• Educational content about food safety and sustainable growing practices
• Customer support for platform-related issues

2.3 What We Do Not Provide

HomeGrown is a platform service only. We do not grow, sell, inspect, store, deliver, or guarantee any produce. We do not act as a food retailer, distributor, or handler. All transactions are directly between users, and we are not a party to any sale or purchase agreements.

3.1 Account Requirements

To use HomeGrown, you must create an account by providing accurate, current, and complete information. You must be at least 18 years old or have reached the age of majority in your jurisdiction to create an account. Minors may use the platform only under the direct supervision of a parent or legal guardian who accepts full responsibility for the minor's activities.

3.2 Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access to your account
• You are fully responsible for all activities conducted through your account
• You may not share your account with others or allow multiple users to access a single account
• You must provide a valid email address and keep your contact information current

3.3 Account Verification

We may require verification of your identity, location, or other information to maintain platform safety and compliance. Failure to provide requested verification may result in account limitations or suspension.

3.4 Business vs. Personal Use

If you are using HomeGrown for commercial purposes or as a business entity, you must clearly indicate this in your profile and comply with all applicable business licensing, tax, and regulatory requirements in your jurisdiction.

4.1 Listing Requirements

All produce listings must include:

• Accurate and detailed description of the produce
• Clear, recent photographs showing the actual items for sale
• Accurate pricing and quantity information
• Growing method (organic, conventional, pesticide-free, etc.)
• Harvest date or expected harvest timing
• Pickup or delivery location and availability

4.2 Quality Standards

• All produce must be fresh, safe for consumption, and free from obvious defects
• Sellers must accurately represent the quality and condition of their produce
• Photos must accurately represent the actual items being sold
• Any known issues or imperfections must be clearly disclosed

4.3 Organic and Special Claims

Claims about organic certification, pesticide-free growing, or other special production methods must be truthful and verifiable. Sellers making organic claims must comply with applicable organic certification requirements in their jurisdiction.

4.4 Listing Accuracy

Sellers are responsible for keeping listings current and accurate. Outdated or inaccurate listings may be removed. Sellers must update availability in real-time and remove sold items promptly.

5.1 Prohibited Items

The following items are strictly prohibited on HomeGrown:

• Spoiled, rotten, or contaminated produce
• Produce treated with prohibited pesticides or chemicals
• Processed or packaged foods (unless specifically grown and processed by the seller)
• Items that require special licensing (such as meat, dairy, or alcohol)
• Non-food items (except for seeds, gardening supplies directly related to produce)
• Genetically modified organisms (GMOs) unless clearly disclosed and legally permitted
• Produce from areas under quarantine or with known contamination issues

5.2 Prohibited Activities

• Misrepresenting the source, quality, or growing methods of produce
• Selling produce you did not grow without clear disclosure
• Price manipulation or artificial scarcity creation
• Harassment, discrimination, or abusive behavior toward other users
• Attempting to conduct transactions outside the platform to avoid fees
• Creating false reviews, ratings, or feedback
• Using automated tools to manipulate listings or communications
• Sharing personal contact information in public listings or messages

5.3 Enforcement

Violations of these prohibitions may result in listing removal, account warnings, temporary suspension, or permanent account termination, depending on the severity and frequency of violations.

6.1 Transaction Process

Transactions on HomeGrown occur directly between buyers and sellers. Our platform facilitates communication and coordination but does not process payments or guarantee transactions. Users must arrange their own payment methods, pickup, or delivery.

6.2 Pricing and Payment

• Sellers set their own prices and payment terms
• All prices should be clearly stated in local currency
• Buyers and sellers must agree on payment methods before completing transactions
• HomeGrown does not handle payments and is not responsible for payment disputes

6.3 Delivery and Pickup

• Sellers must clearly specify pickup locations and availability
• Delivery arrangements, if offered, are between buyer and seller
• Both parties should coordinate timing to ensure produce freshness
• Sellers should provide reasonable pickup windows and stick to agreed schedules

6.4 Transaction Disputes

While we encourage users to resolve disputes directly, we may provide mediation assistance for platform-related issues. However, we are not responsible for resolving payment disputes, quality complaints, or delivery issues between users.

6.5 Returns and Refunds

Due to the perishable nature of produce, returns and refunds are generally not available unless agreed upon by both parties or in cases of significant misrepresentation or safety concerns.

7.1 Seller Safety Responsibilities

Sellers must:

• Follow all applicable local, state, and federal food safety regulations
• Maintain proper hygiene during growing, harvesting, and handling
• Use appropriate washing, cleaning, and storage practices
• Ensure produce is harvested at proper maturity and handled safely
• Disclose any known exposure to contaminants or unsafe conditions
• Comply with any required cottage food or farmer licensing in their area

7.2 Buyer Safety Responsibilities

Buyers must:

• Inspect produce upon receipt and handle it safely thereafter
• Follow proper food safety practices including washing and storage
• Report any obvious safety concerns to the seller and platform immediately
• Be aware of seasonal growing patterns and natural variations in produce

7.3 Health Disclaimers

HomeGrown does not inspect, test, or verify the safety of any produce listed on our platform. Users participate in transactions at their own risk. Fresh produce naturally carries inherent risks, and users should exercise appropriate caution in handling and consumption.

7.4 Contamination and Recalls

In the event of known contamination or food safety issues, users must immediately cease distribution of affected items and notify both buyers and the platform. We reserve the right to remove listings and suspend accounts in response to safety concerns.

For detailed safety guidelines, please review our Health and Safety page.

8.1 General Conduct

All users must:

• Treat other users with respect and professionalism
• Communicate honestly and transparently
• Honor commitments and agreements made through the platform
• Respect cultural, dietary, and personal preferences of other users
• Provide constructive and honest feedback through our rating system

8.2 Prohibited Conduct

• Harassment, bullying, or discrimination based on protected characteristics
• Fraudulent or deceptive practices
• Spamming or excessive unwanted communication
• Attempting to manipulate ratings or reviews
• Interfering with other users' ability to use the platform
• Violating any applicable laws or regulations

8.3 Communication Guidelines

• Keep communications relevant to produce transactions
• Respond to messages in a timely manner
• Use appropriate language and maintain professionalism
• Do not share personal financial information through platform messages

8.4 Reporting Violations

Users are encouraged to report violations of these standards through our reporting system. We investigate all reports and take appropriate action, which may include warnings, account restrictions, or permanent bans.

9.1 Information Collection

We collect and process personal information as described in our Privacy Policy, including account information, location data for local matching, communication records, and usage analytics to improve our services.

9.2 Data Use and Sharing

• We use your information solely to provide and improve our services
• We do not sell personal information to third parties
• Location data is used only for matching buyers with local sellers
• Communication records may be reviewed for safety and quality purposes
• We may share anonymized usage data for research and improvement purposes

9.3 Data Rights

Users have the right to access, correct, delete, or port their personal data in accordance with applicable privacy laws. Contact us through our support system to exercise these rights.

9.4 Data Security

We implement reasonable technical and organizational measures to protect user data, but cannot guarantee absolute security. Users are responsible for maintaining the security of their account credentials.

For complete details, please review our Privacy Policy.

10.1 Platform Disclaimer

HomeGrown provides the platform "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the platform will be uninterrupted, error-free, or free of harmful components. We make no representations about the accuracy, reliability, or suitability of any content or information on the platform.

10.2 No Guarantee of Transactions

We do not guarantee the quality, safety, legality, or existence of any produce listed on our platform. We do not guarantee that transactions will be completed, that users will perform as promised, or that disputes will be resolved satisfactorily.

10.3 Limitation of Liability

To the maximum extent permitted by applicable law, HomeGrown and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or use of the platform
• Food-borne illness or health issues related to produce purchased through the platform
• Property damage or personal injury
• Costs of substitute goods or services
• Failed transactions or payment disputes

10.4 Maximum Liability

In no event shall our total liability exceed the amount of fees paid by you to HomeGrown in the twelve months preceding the incident giving rise to liability, or $100, whichever is greater.

10.5 User Indemnification

You agree to defend, indemnify, and hold harmless HomeGrown and its affiliates from any claims, damages, losses, costs, or expenses (including reasonable attorney fees) arising from your use of the platform, violation of these Terms, infringement of any intellectual property rights, or any produce you sell through the platform.

11.1 User-to-User Disputes

Disputes between buyers and sellers should first be resolved directly between the parties through good faith communication. HomeGrown may provide assistance in facilitating communication but is not obligated to mediate or resolve disputes.

11.2 Platform-Related Disputes

For disputes directly related to platform functionality, account issues, or Terms violations, users should first contact our customer support team. We will make reasonable efforts to resolve such disputes fairly and promptly.

11.3 Formal Dispute Resolution

Any dispute that cannot be resolved through customer support shall be resolved through binding arbitration administered by a recognized arbitration organization, except where prohibited by law. The arbitration shall be conducted in English and governed by the laws specified in Section 15.

11.4 Class Action Waiver

You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

11.5 Emergency Relief

Notwithstanding the above, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent immediate and irreparable harm.

12.1 Voluntary Termination

You may terminate your account at any time by contacting customer support or using account settings. Upon termination, you remain responsible for any outstanding obligations and these Terms shall continue to apply to your prior use of the platform.

12.2 Termination by HomeGrown

We reserve the right to suspend or terminate accounts immediately and without prior notice for:

• Violation of these Terms or our community standards
• Suspected fraudulent, abusive, or illegal activity
• Repeated safety violations or complaints
• Non-payment of applicable fees
• Extended account inactivity
• Technical or security concerns

12.3 Effect of Termination

Upon termination, your right to use the platform ceases immediately. We may, but are not obligated to, delete your account data. Provisions of these Terms that by their nature should survive termination shall remain in effect.

12.4 Appeal Process

Users may appeal account suspensions or terminations by contacting customer support with relevant information. We will review appeals fairly but reserve final discretion over account status decisions.

13.1 Platform Ownership

HomeGrown owns all intellectual property rights in the platform, including but not limited to software, design, trademarks, logos, and proprietary content. Users are granted a limited, non-exclusive, non-transferable license to use the platform in accordance with these Terms.

13.2 User Content

You retain ownership of content you post on the platform (photos, descriptions, reviews) but grant HomeGrown a worldwide, royalty-free license to use, display, and distribute such content for platform operation and promotional purposes.

13.3 Prohibited Use of IP

• Users may not copy, modify, or create derivative works of the platform
• Users may not use HomeGrown trademarks without explicit permission
• Users may not reverse engineer or attempt to extract source code
• Users may not frame or mirror any part of the platform

13.4 Copyright Infringement

We respect intellectual property rights and respond to valid copyright infringement notices. Users who believe their copyright has been infringed should contact us with specific details for investigation.

14.1 Terms Modifications

We may modify these Terms at any time to reflect changes in our services, legal requirements, or business practices. Material changes will be communicated through platform notifications, email, or prominent posting on our website.

14.2 Service Changes

We may modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable advance notice of significant changes that materially affect user functionality.

14.3 Continued Use

Your continued use of the platform after Terms modifications constitutes acceptance of the new Terms. If you do not agree to modifications, you must discontinue use of the platform and may terminate your account.

14.4 Version Control

The most current version of these Terms will always be available on our platform. We recommend reviewing Terms periodically to stay informed of any changes.

15.1 Service Availability

HomeGrown is currently available in select geographic regions. We reserve the right to limit service availability based on location, regulatory requirements, or business considerations. Users are responsible for complying with local laws and regulations in their jurisdiction.

15.2 International Use

If you access HomeGrown from outside our primary service area, you do so at your own risk and are responsible for compliance with local laws. Some features may not be available in all regions.

15.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where HomeGrown is incorporated, without regard to conflict of law principles. However, consumer protection laws in your jurisdiction may also apply.

15.4 Jurisdiction

Subject to the arbitration provisions in Section 11, you consent to the exclusive jurisdiction of courts in our primary business jurisdiction for any legal proceedings related to these Terms or your use of the platform.

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and HomeGrown regarding use of the platform.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be replaced with an enforceable provision that most closely reflects the original intent.

16.3 Waiver

No waiver of any provision of these Terms shall be deemed a continuing waiver or waiver of any other provision. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to events beyond their reasonable control, including natural disasters, government actions, or technical failures.

17.1 Customer Support

For questions about these Terms, platform functionality, or account issues, please contact our customer support team through the following methods:

• In-platform messaging system (preferred method)
• Email support through your account dashboard
• Help center and FAQ section on our website

17.2 Legal Notices

Legal notices, including copyright infringement claims, terms violation reports, and formal legal communications, should be submitted through our official legal notice process available in your account settings or by contacting customer support for guidance.

17.3 Business Inquiries

For partnership opportunities, media inquiries, or other business-related communications, please use the appropriate contact channels provided on our website.

17.4 Response Times

We strive to respond to all inquiries within 48 hours during business days. Emergency safety issues will be prioritized and addressed as quickly as possible.