The terms used in these Terms and Conditions shall have the following meaning:
Account – an individualized part of the Application, identified by the Seller/Buyer login and provided with a password set individually by the Seller/Buyer.
Applications – mean the Mobile Application.
Browsing User – a User without an account who can search for places with food near him by location and with his consent.
Mobile Application – application which is downloadable and useable on Mobile Devices.
Mobile Device – a smartphone, tablet or other similar device with Internet access.
Roadside Stall – Mobile Application.
Services – the services rendered electronically by the Operator for the benefit of Users.
User – a natural person with full legal capacity. The Seller (Farmer) and the Buyer after registration in Application.
Operator – the company TREBORK Ltd, North Walk 9, Stoke on Tren, Staffordshire, ST3 6DB (UK), e-mail: info@roadsidestall.com.
II. General Provisions
The owner of the Application is the Operator - TREBORK Ltd, North Walk 9, Stoke on Tren, Staffordshire, ST3 6DB (UK), e-mail: info@roadsidestall.com.
These Terms and Conditions specify the general conditions and ways of provision of services electronically via Application Roadside Stall.
These Terms will apply any time you use our Mobile Application. By using our Application, you confirm that you accept these terms and conditions and that you agree to comply with them.
These Terms and Conditions are always available in Mobile Application, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
The application is a search engine for products from the Seller (Farmer). It is intended for Sellers (Farmers) and Buyers. The agreement between the parties (Sellers and Buyers) and the payment for the products will be outside the application.
The User acknowledges that 100% availability of the Services is not technically feasible. However, we will make every effort to ensure that the website and services are available in the most permanent way possible.
The Operator makes no warranties or representations of any kind, express, statutory or implied as to the availability of telecommunication services from provider or access to the services at any time or from any location or any loss or damage connected with the services.
III. Term of Use/Technical Requirements
Roadside Stall does not represent that the Services or content is appropriate or available for use in all jurisdictions or countries. You are responsible for compliance with all applicable laws pertaining to your use and access to the services in your jurisdiction.
By accessing or using our Services you agree that:
You can form a binding contract with Roadside Stall.
You are not a person who is prohibited from receiving the Services under the laws of the England, Wales, USA or any other applicable jurisdiction.
You will comply with this Agreement and all applicable local, national, and international laws.
You may not use the services if you are a person barred from receiving the services under the laws of the United Kingdom, USA or the laws in your own country.
You acknowledge that the Services, including the mobile application may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government.
You are obliged to:
provide in the registration forms, only true, up-to-date and all necessary data and promptly update the data;
use the services made available by the Operator in a way that it does not interfere with the functioning of the Operator, the Application and other Users;
use the services made available by the Operator in a manner consistent with the applicable laws, and provisions of the Terms and Conditions.
You undertake that the Applications will not be:
sold, rented, lent or otherwise disposed of, made available, including the use of open sources or used for a purpose other than that indicated in the Terms and Conditions, regardless of a paid or free nature of their use;
copied, transferred;
modified (including by introducing their improvements), split, decrypted, transformed in any way.
Use of our services may be available through a compatible mobile device, the internet and may require software. The mobile app may be accessed if the IT equipment used by the User meets minimum technical requirements.
Proper functioning of the Application and use of the Services offered by the Operator is possible provided that the User meets certain technical conditions:
has a mobile device equipped with the Android operating system version 6 or higher, which is constantly connected to the Internet.
access to e-mail.
An active Internet connection is required to run and properly operate the Application. The Operator is not a data transmission service provider. The costs of data transmission required to download, install, run and use the Application are covered by its Users on their own on the basis of agreements concluded with telecommunications operators or another Internet provider. The Operator is not responsible for the amount of fees charged for the use of data transmission necessary to use the Application. The Service Provider recommends the Application Users to use the Application or operating system functions consisting in measuring the transmitted data.
The application is available for download in the Google Play apps.
The download of the application is carried out in accordance with the rules specified by the stores, respectively: Google Play (for Android).
Downloading the Application is free of charge, subject to the costs of data transmission.
The Application may be used by any User under the conditions indicated in these Terms in accordance with its intended purpose. A detailed description of all the functionalities of the Application is available as part of the Application and these Terms.
IV. Platform Terms (Android)
The following terms apply only to user’s app on Android devices they own or control:
You acknowledge, that this Agreement is concluded between you and Roadside Stall, and not with Google LLC, Google Ireland Limited, Google Commerce Limited or Google Asia Pacific Pte. Limited (“Google”). Roadside Stall, not Google, is solely responsible for Roadside Stall and the content thereof.
Your use of Roadside Stall will be subject to the terms of this Agreement, which grants you a non-transferable, limited license to use Roadside Stall on Android devices. In addition, your use of Roadside Stall will also be subject to usage rules set forth by Google in the Google Play Terms of Service.
V. Registration
Registration takes place by creating an Account (Seller/Buyer).
Creating an account is possible in the Mobile Application in one of the ways indicated below:
Buyer: User using the registration form which requires the following data: email address and password, display name.
Seller: User using the registration form which requires the following data: email address and password, seller information (Company/display name, account type, declaration (The products I sell come from my own/organic cultivation/farming)).
In your profile account, user can update information, change avatar and background information, and change password.
For security reasons, it is recommended to use the so-called strong passwords (consisting of at least eight characters, including lowercase or uppercase letters, numbers, special characters), their periodic update and to avoid using the same passwords to sign in on various websites or portals on the Internet.
The User undertakes to take reasonable security measures that are adequate to the existing threats, in particular by securing the User Account against its unauthorized use, including by properly securing the Devices having access to the User Account.
The User undertakes to promptly inform Roadside Stall of all cases of unauthorized use of the User Account or suspicions of such use.
Registration data and personal information about you are governed by our Privacy Policy.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions as its authorized representative. If the legal entity that you represent does not agree with these Terms and Conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.
In the case of the Users, the Agreement for the provision of service which involves maintenance of an Account in the Application shall be concluded for an indefinite period and shall be terminated when the User submits a request to remove the account.
The Service Agreement shall be concluded in English.
The User, who is a Consumer, may within 14 days from the date of conclusion of the contract for the provision of the User Account Service withdraw from the contract without giving a reason and without incurring any costs in this respect. The statement of withdrawal should be submitted in writing to the address of the Operator or by e-mail to the following address: info@roadsidestall.com.
The Operator reserves the right to suspend or delete the Account of a User who violates the provisions of the Regulations. In the event of a breach by the User of the provisions of these Terms, the Operator, after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14-day notice.
The User is entitled to delete the User's Account without giving a reason.
User should go to the application settings and select the appropriate option.
The Operator may at any time terminate the Agreement for the Provision of Services with the User for a 14 day notice period for important reasons, understood as a change in the law governing the provision of electronic services by the Operator affecting the mutual rights and obligations specified in the contract concluded between the User and the Operator or a change in the manner, scope or provision of services to which the provisions of the Terms and Conditions apply.
The termination of the agreement may also take place on the initiative of the Operator at the time of liquidation of the Application by the Operator or termination of its business activity in the provision of Services.
VI. App Functionalities
The application is a search engine for products from the Seller (Farmer). It is intended for Sellers (Farmers) and Buyers.
Sellers within their Account have the opportunity to list products for sale to Buyers.
The agreement between the parties (Sellers and Buyers) and the payment for the products will be outside the application. Payment for the products is possible on delivery from the seller (farmer) or when the products are delivered locally by the seller (farmer) himself to the buyers.
Users can use various functionalities of the application. User should go to the application account or settings and select the appropriate option.
Sellers (Farmers)
Manage your offers
Manage your events
Edit your public profile
There is different type of sellers: Apiary, Farm, Private Seller, Roadside Stand, Slaughterhouse, Store.
Offers: There is different type of categories: Eggs, Dairy, Honey, Vegetables, Fruit, Juices, (Jams, Preserves & Sauces), Meat and Cold Cuts, Fish, Bread & Cakes, Seeds, Feed, Hay & Grains, Flour, spices, Herbs, Oil, Plants, Flowers, Firewood, Craft, Organic Fertilizer.
The Sellers can edit their offer within their account, complete their profile and company data, payment methods, Price/Unit/Currency Information, contact.
The Seller must additionally manually mark on the map where he wants to direct customers. There are 3 types of navigation in the application (Google Maps, What3words, OpenStreetMap).
Events. There is different type of events (Generic, Food Festival, Food Market, Farmer’s Show, Family Day, Children’s Farms).
Buyers will be able to add products to their favorites, place/farm to their favorite places, and leave feedback.
Browsing User without an account can search for places with food near him by location and with his consent.
Roadside Stall makes no representations, warranties or guarantees regarding the accuracy of information provided through the Application. All such information is sourced from Sellers (Farmers). Roadside Stall cannot control the quality, quantity or consistency of products sold by such third parties.
VII. Opinions
In terms of posting content and making it available, the User voluntarily distributes the content. The posted content does not express the views of the Operator and should not be identified with its activities. The Operator is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
It will be possible to add a review only by the Buyer for the Seller. To add a review, the buyer must give a minimum of 10 likes (places or offers), counted together.
Browsing users will be able to add a plus or minus to the reviews they have given.
The Seller verifies the Reviews using the email address that was assigned to the user's account.
The Buyers agrees to the free use by the Operator of opinions or other content posted by him in the Application.
The Buyer is prohibited from providing illegal content, which means information that, by itself or by reference to the operation, including the sale of products, is unlawful.
The Operator informs that opinions posted by Buyers are not automatically assessed for prohibited content.
The Buyer is not entitled to:
posting personal data of third parties as part of the use of the Services and disseminating the image of third parties without the legally required permission or consent of the third party.
posting advertising and/or promotional content as part of the use of the Services.
posting content that links to other websites.
posting content that relates to Products or activities that are competitive to the Seller's business.
posting content that incites violence, hatred, discrimination on any grounds, including gender, sexual, national, ethnic, racial, or religious differences.
posting content that contains profanity or other offensive content.
posting content that constitutes an attempt at fraud, or any other activity prohibited by law.
posting content that infringes copyright or someone else's personal rights.
posting content that violates other provisions of generally applicable law.
The Buyer declares that:
is entitled to use copyrights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content.
placing and making available as part of the Services, personal data, image, and information concerning third parties was made legal, voluntary and with the consent of the persons concerned.
agrees to allow other Buyers and the Operator to view the published content, as well as authorizes the Operator to use it free of charge in accordance with the provisions of these Terms and Conditions.
agrees to make adaptations of works.
If it is determined that the review does not meet the conditions set out in the Terms and Conditions, the Operator may take moderating actions, i.e. remove the review, or refuse to publish it.
If a third party (another Buyer or another person or entity) believes that a given review contains illegal content, this person may report it to the Operator at the e-mail address info@roadsidestall.com.
The application should include:
the name and email address of the person or entity making the report.
a statement that confirms the good faith belief of the person or entity making the report that the information and allegations contained therein are correct and complete.
a justification of why the opinion is illegal content.
a clear indication of the exact electronic location of the information (e.g., information that identifies illegal content).
The operator shall send the applicant a confirmation of receipt of the application, if the applicant's e-mail address has been provided.
The operator shall consider the application within 14 days from the date of its receipt and shall do so in an objective manner and with due diligence.
The operator's decision may consist in removing or leaving the review in the application.
The operator shall immediately notify (the applicant and the person who posted the submitted review) of its decision along with the justification. The decision can be appealed. The operator will consider the appeal within 14 days from the date of its receipt.
VIII. License for Use of the Service
Our Service is licensed for use only under these Terms and Conditions. The Services are protected by copyright and other intellectual property laws. Roadside Stall reserves all rights not expressly granted to you, including title and exclusive ownership of the Service. You are only granted the right to use the Services and only for the purposes described by Roadside Stall. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Roadside Stall grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
Upon the termination of these Terms and condition, the Service and all updates may cease to properly function and all warranties, express or implied, regarding the Service shall terminate. Your rights under these terms will automatically terminate without notice from the Roadside Stall if you fail to comply with any provision of these Terms.
You agree you will not provide access to or give any part of the Services to any unauthorized third party or reproduce, modify, copy, sell, trade or resell the Services.
IX. CONTENT
You agree that you are responsible for your content. You are responsible for all materials, data, personal information uploaded, posted, or stored through your use of the services. We claim no ownership or control over any user content.
You grant Roadside Stall a worldwide, royalty-free, non-exclusive license to host and use any content provided through your use of the services.
X. PRIVACY
Roadside Stall collects and processes the personal information of the Users in accordance with applicable provisions of law and with the Privacy Policy.
Roadside Stall applies appropriate technical and organizational measures to ensure the protection of personal data being processed.
Additional explanations regarding the protection of personal data are contained in the "Privacy Policy".
XI. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the service is at your sole risk. We cannot and do not warrant the services will meet your requirements. Except as described in this agreement, the services are provided "as is". To the maximum extent permitted by applicable law, Roadside Stall and its third-party providers, licensors, suppliers disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, or quality.
To the extent permitted by applicable law of England and Wales, any implied warranties in respect to the services, software, and content are limited to 60 days from the date of purchase or delivery of the services, whichever is sooner.
Roadside Stall and its third-party providers, licensors, suppliers disclaim any representations or warranties that your use of the services will ensure compliance with any legal obligations or regulations. You are solely responsible for ensuring that your use of the services is in accordance with applicable law.
XII. VIRUS
We cannot guarantee that our website and services will be secure or free from bugs or viruses. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Services will cease immediately.
XIII. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the entire liability of Roadside Stall and its third-party providers, licensors, suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the 12 months prior to such claim. Subject to applicable law, Roadside Stall and its third-party providers, licensors, suppliers are not liable for any of the following: 1) indirect, special, incidental, punitive, or consequential damages; 2) damages relating to failures of telecommunications, the internet, security, loss or theft of data, loss of business, revenue, profits, or investment, or use of software or hardware that does not meet our systems requirements. This agreement sets forth the entire liability of Roadside Stall and your exclusive remedy with respect to the services and their use.
Notwithstanding the foregoing, no provision of this agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of England and Wales.
Roadside Stall does not exclude liability for: 1) death or personal injury caused by its negligence of its officers, employees, contractors, or agents; 2) fraud or fraudulent misrepresentation; 3) any other liability which cannot be lawfully excluded by contractual agreement of the parties.
XIV. COMPLAINTS
Roadside Stall shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
Each User may submit complaints regarding the Services provided as part of the Application.
Complaints may be submitted in writing to the Operator's e-mail address: info@roadsidestall.com.
Complaints will be considered within 14 days from the date of their receipt by the Operator.
In the unlikely event that our team is unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may also refer your complaint to RetailADR (previously 'The Retail Ombudsman'), which is a certified Alternative Dispute Resolution provider. RetailADR, 33rd floor Euston Towers, 286 Euston Road, London, NW1 3DP, Email: enquiries@cdrl.org.uk – Web: www.retailadr.org.uk, Tel: 0203 540 8063.
XV. SEVERABILITY CLAUSE
In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
XVI. AMENDMENT OF THE TERMS AND CONDITIONS
The Operator reserves the right to amend the Terms and Conditions in the following cases:
changes in generally applicable laws affecting the Applications or the need to adapt the Terms and Conditions along with court judgments or administrative decisions;
the occurrence of important technical and organizational reasons, such as the emergence of new technologies or IT systems that affect the provision of services;
changes in the rules of functioning or development of the Applications in a way that affects the provisions of the Terms and Conditions;
the need to clarify the provisions of the Terms and Conditions or any other factual changes that affect the content of the Terms and Conditions.
Amendments of the Terms and Conditions shall not violate the essence of the concluded agreement for the provision of electronic services between the Seller/User and Operator, or result in the need for the User to pay additional fees.
The effective date for any amendment shall fall at least 14 days after its publication. The Operator shall notify the User about an amendment of the Terms and Conditions no later than 14 days prior to the effective date of the amendment via e-mail. If the User does not accept the amended Terms and Conditions, they shall be obliged to notify this fact to the Operator within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.
XVII. GOVERNING LAW / DISPUTES
You hereby agree that any dispute (either contractual or non-contractual) arising out of, or in connection with, this Agreement will be governed by and construed in accordance with the laws of England and Wales.
As a consumer resident in the United Kingdom or the European Union:
you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law;
you may bring any dispute (either contractual or non-contractual) that may arise under or in connection with this Agreement, at your discretion, to the competent courts of England and Wales or to the competent court of your country of habitual residence, which courts are competent to settle such a dispute. We shall bring any dispute (either contractual or non-contractual) which may arise under this Agreement to the competent court of your country of habitual residence if this is within the United Kingdom or an EU Member State;
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute, the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
