Duval Local Harvest

Buyer Terms of Service · Version 3 · Effective October 24, 2026

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A DISCLAIMER OF WARRANTIES, A LIMITATION OF DLH’S LIABILITY, AN INDEMNIFICATION OBLIGATION, A ONE-YEAR LIMIT ON CLAIMS AND AN EXCLUSIVE CHOICE OF FLORIDA LAW AND COURTS.

1. Acceptance of this Agreement

1. 1.1These Terms of Service (the “Agreement”) are a binding agreement between Duval Local Harvest (“DLH”, “we”, “us”, “our”), of Jacksonville, Florida, and the restaurant, kitchen, caterer, retailer or other food business identified in the account application or the account record (“you”, “your”, or the “Member”). They govern your access to and use of the DLH web application at duvallocalharvest.app, its installable versions, and every related service DLH provides through it (together, the “Platform”).
2. 1.2By submitting an application to join, by ticking the “I agree” box, by signing in, or by using any part of the Platform, you accept this Agreement. If you do not accept it, you must not use the Platform.
3. 1.3If you accept this Agreement on behalf of a business or organization, you represent that you have authority to bind that business or organization, and “you” refers to it.
4. 1.4This Agreement incorporates the Privacy Notice set out in the final Section. Where DLH publishes additional written guidance for Members (for example delivery schedules or packing instructions), that guidance supplements this Agreement; if it conflicts with this Agreement, this Agreement controls.

2. Definitions

1. 2.1“Farm” means a Member approved by DLH to list and sell products through the Platform.
2. 2.2“Buyer” means a restaurant, kitchen, caterer, retailer or other Member approved by DLH to purchase products through the Platform, and includes a Farm when it purchases products through the Platform (see clause 5.13).
3. 2.3“Food Bank” means a charitable organization approved by DLH to claim Surplus through the Platform.
4. 2.4“Listing” means a product, quantity, unit, pack size, price, availability date and related information a Farm posts to the Platform.
5. 2.5“Order” means a Buyer’s acceptance of a Listing for a stated quantity, placed through the Platform, and includes every line of a multi-item checkout.
6. 2.6“Surplus” means food a Buyer posts to the Platform for donation to Food Banks at no charge.
7. 2.7“Square” means Block, Inc.’s Square payment services, through which card and bank-transfer payments on the Platform are processed.
8. 2.8“Business Day” means Monday to Friday, excluding U.S. federal holidays, in the Eastern Time zone.
9. 2.9“Delivery Address” and “Receiving Hours” mean the address and hours recorded on your account for deliveries.
10. 2.10“Planting” means a crop a Farm has planted or will plant and posts to the Platform before harvest, with its expected harvest window, expected quantity, unit and price; “Reservation” means a Buyer’s reservation of part of a Planting; and “Deposit” means the part of a Reservation’s price paid when it is made.
11. 2.11“Starter Plants” means live plants for growing on, such as seedlings and transplants, listed by the pot, cell pack, tray or plant or in the Starter Plants category.

3. Role of DLH

1. 3.1DLH operates the Platform, approves Members, coordinates pickup from Farms and delivery to Buyers, keeps the records of Listings, Orders and payments, and operates the Surplus board for Food Banks.
2. 3.2DLH is an intermediary and logistics provider. Each sale of products is a contract between the Farm and the Buyer, formed through the Platform. DLH is not the seller, the buyer, the producer or the owner of any product, and does not take title to products at any point, including while transporting them.
3. 3.3DLH does not inspect, grade, test or certify products or the premises on which they are produced, stored or prepared. Information in a Listing is provided by the Farm, and information in a Surplus posting is provided by the Buyer that posted it.
4. 3.4DLH may, but is not obliged to, assist Members in resolving a disagreement about an Order. Any such assistance is a courtesy and does not make DLH a party to the dispute or responsible for its outcome.

4. Membership and Accounts

1. 4.1Membership is by application and DLH approval. DLH may decline an application, or limit, suspend or close an account, in its reasonable judgment, including where a Member is not a good fit for the DLH community or has breached this Agreement. DLH will give its reasons where it reasonably can.
2. 4.2Each account is for one business. You must provide accurate and complete information when applying and keep your business name, contact name, email address and telephone number current. Notices under this Agreement, including Order confirmations, payment notices and your sign-in code, are sent to the email address on file, and you are responsible for monitoring it.
3. 4.3Access to the Platform is by business name and sign-in code. You are responsible for keeping your sign-in code confidential within your business and for all activity carried out with it, whether or not you authorized that activity. If you believe your code has been disclosed, you must change it immediately using the “Change sign-in code” function and notify DLH.
4. 4.4Accounts are not transferable. If your business changes ownership, the new owner must apply for its own account.
5. 4.5You must be at least 18 years of age and legally able to enter into contracts to use the Platform on behalf of a food business.

5. Listings and Orders

1. 5.1Listings on the Platform are offers by Farms to sell the listed product at the price shown. When you place an Order, you accept that offer for the quantity ordered, and a binding contract of sale between you and the Farm is formed when the Platform records the Order. You agree to accept and pay for the Order.
2. 5.2The price shown on a Listing is the full price of the product. No amount is added at checkout or afterwards. Prices are set by each Farm and may change; an Order is charged at the price shown when it was placed. Where a Farm lists a product at no charge, nothing is payable for it.
3. 5.3Information in a Listing, including product descriptions, growing practices, certifications, quantities and ready dates, is provided by the Farm. You should exercise your own judgment about products and Farms, and may contact DLH with questions before ordering.
4. 5.4Some Listings are offered only to named Buyers, or hold part of their quantity for a named Buyer. The Platform shows you only the Listings and quantities available to you.
5. 5.5An Order is placed when you tap “Place order” or “Send order” and the Platform confirms it. You will receive an email confirmation. Please check it and tell DLH at once if anything is wrong.
6. 5.6You may cancel an Order yourself through the Platform (“Cancel order”) until the Farm has packed it, unless it has been paid or a bank payment for it is on its way. After that, an Order may be cancelled only with the agreement of the Farm or DLH; ask as early as possible. Once the Farm has packed the Order, cancellation is at the Farm’s discretion; once DLH has collected it, the Order cannot be cancelled and you must pay for it. Products that cannot be delivered because no one is available to receive them are treated as delivered.
7. 5.7Minimum order. After your first thirty (30) days as a Member, each Order must total at least fifty dollars ($50) at the prices shown, counting all products in the same checkout together, whichever Farms they come from. Products listed at no charge do not count toward the minimum. The minimum does not apply where DLH has agreed in writing to waive it, for example where you have made other pickup arrangements with DLH. The Platform will not accept an Order below the minimum.
8. 5.8Plan ahead: Reservations. Farms may post Plantings, and you may reserve part of a Planting through the Platform. A Reservation is your commitment to buy the reserved quantity from that harvest at the price shown when you reserve. When the Farm starts harvesting, each Reservation becomes an Order for the reserved quantity and is delivered and paid like any other Order. If the harvest comes in smaller than the quantity reserved, every Reservation on that Planting is reduced by the same proportion and you are told. The Order minimum in clause 5.7 applies to a Reservation as to any Order.
9. 5.9Deposits. When DLH has deposits switched on, you pay a Deposit of about twenty-five percent (25%) of a Reservation’s price when you make it, by card, to the Farm, processed on the Farm’s own Square account. The exact Deposit is shown before you confirm. A Farm that cannot accept a Deposit does not take Reservations while deposits are switched on. The Deposit is credited to the Order the Reservation becomes, and the balance is payable under Section 7.
10. 5.10Cancelling a Reservation. You may cancel a Reservation through the Platform at any time until the Farm starts harvesting. Before you confirm, the Platform shows which of the following applies:
    1. (a)if you cancel more than twenty-eight (28) days before the first day of the harvest window shown on the Planting, the Farm refunds your Deposit in full;
    2. (b)if you cancel twenty-eight (28) days or less before that day, the Farm keeps your Deposit, as a reasonable estimate of the Farm’s loss from growing and holding that part of the crop for you;
    3. (c)despite (b), the Farm refunds your Deposit in full if you cancel within seven (7) days after the Farm moves the harvest window, or if the harvest window has passed without the Farm starting the harvest.
11. 5.11When the Farm owes a Deposit back. The Farm also refunds your Deposit in full if it cancels the Planting or tells you it cannot deliver, and refunds the difference if a short harvest leaves the Order smaller than your Deposit. Deposit refunds are made by the Farm, through Square, to the card used. DLH does not hold Deposits and does not make Deposit refunds itself, but the Platform records each refund owed and shows it to the Farm, and DLH may follow up with a Farm that has not made one.
12. 5.12Keeping a card on file with a Farm. Where the Farm’s Square account allows it, you may choose, when you reserve, to keep the card you paid the Deposit with on file with that Farm. If you do, you authorize the Farm, through Square, to store that card and to charge it for the balance of the Order the Reservation becomes when DLH records that Order as delivered, and for no other purpose. The card is stored by Square on the Farm’s account; DLH sees only its brand and last four digits. If the charge is declined, you pay the balance from your orders page under Section 7. You may withdraw this authorization at any time before delivery by notifying DLH.
13. 5.13Farms buying through the Platform. A Farm may buy products, such as Starter Plants, from other Farms through a buying account DLH sets up for it. For those purchases the Farm is a Buyer, and this Agreement applies to them. DLH decides which Members may see Starter Plant Listings and may change this at any time.

6. Delivery, Inspection and Acceptance

1. 6.1DLH collects Orders from Farms and delivers them to the delivery address on your account, during the receiving hours you have set, on DLH’s next delivery run after the Order (or after the product’s ready date, if later). DLH will communicate its delivery days and cut-off times through the Platform notice, the message board and email.
2. 6.2You must keep your delivery address and receiving hours current and ensure that someone is available to receive and refrigerate deliveries during those hours. If no one is available, DLH will attempt to contact you; DLH may leave the delivery at its discretion or return it, and in either case the Order remains payable.
3. 6.3Inspection and acceptance. You must inspect each delivery when it arrives. If any product is missing, incorrect, damaged, or not of the quality you reasonably expected from the Listing, you must notify the Farm and DLH on the day of delivery, with photographs where possible. An Order not reported on the day of delivery is deemed accepted in full.
4. 6.4Problems reported in time are resolved between you and the Farm, for example by a credit, a replacement on the next delivery or a partial refund. DLH will assist and has the records, but the resolution is a matter between you and the Farm.
5. 6.5Delivery times are estimates. DLH is not liable for delay caused by weather, traffic, a Farm’s late packing or other events outside its control, but will keep you informed.
6. 6.6Title to and risk of loss in products pass from the Farm to you on delivery.

7. Payment

1. 7.1You must pay for each Order in full. Payment may be made:
   1. (a)by card through the “Pay by card” button on the Platform, which opens a secure checkout page operated by Square; or
   2. (b)by bank transfer (ACH) through the “Pay by bank” button on the Platform, processed by Square; or
   3. (c)where a Farm shows a PayPal button, through that Farm’s PayPal link, paid directly to the Farm, which records the payment on the Platform when it arrives; or
   4. (d)by any other method the Farm and DLH have agreed with you in writing, such as cash or check paid to the Farm on delivery.
   A Reservation’s Deposit is paid when the Reservation is made (clause 5.9); its balance is paid like any Order.
2. 7.2Unless the Farm has agreed otherwise in writing, payment is due within three (3) days after delivery. An Order remains shown as unpaid on your orders page until it is paid and recorded. Where a delivered Order is unpaid more than three (3) days after delivery, the Platform pauses new Orders on your account until it is paid, unless DLH has agreed in writing to a different arrangement with you.
3. 7.3Card payments are processed by Square under Square’s terms. Card numbers are entered on Square’s pages and are never seen or stored by DLH. DLH is not responsible for Square’s availability or for declined payments. A bank transfer may take two to three business days to clear; until it clears, the Order shows as payment on its way. Payments made through a Farm’s PayPal link are between you and the Farm and are governed by PayPal’s terms; DLH does not see or process them.
4. 7.4Refunds, where agreed between you and the Farm or owed under clauses 5.10 and 5.11, are made by whoever received the payment, to the method used (through Square for card and bank payments, through PayPal for PayPal payments). DLH does not process refunds of payments made to a Farm; tell DLH when a refund is agreed so the Platform’s records can be updated.
5. 7.5You are responsible for any sales or use tax that applies to your purchases and for providing a resale or exemption certificate to the Farm where applicable.
6. 7.6The Platform’s records of your Orders and payments are presumed correct unless you notify DLH of an error within sixty (60) days after the record is first shown to you.

8. Posting Surplus for Food Banks

1. 8.1You may post Surplus (prepared or packaged food that your business cannot use) to the Platform for Food Banks to claim. Surplus is a donation: you receive no payment, and no fee of any kind is charged.
2. 8.2You are solely responsible for the Surplus you post. You represent and undertake that:
   1. (a)the food is wholesome, fit for human consumption and has been prepared, held and stored in accordance with the Florida Food Code and any license you hold;
   2. (b)the posting accurately states what the food is, the quantity, the date and time it was prepared or packaged, and how it is being held (hot, cold or shelf-stable), and that you will keep it in that condition until collected;
   3. (c)the food is labeled with its name, date and known allergens where required, and that you will tell the Food Bank of any allergen or handling concern; and
   4. (d)you will release the food only to the Food Bank that claimed it, at a time arranged between you.
3. 8.3Responsibility for the food passes to the Food Bank on collection. Until then it remains yours. You may withdraw a posting at any time before it is claimed.
4. 8.4Donations made in good faith to a non-profit organization for distribution to the needy are protected from liability by the federal Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. § 1791) and by section 768.136, Florida Statutes, except in cases of gross negligence or intentional misconduct. DLH makes no representation about the application of those laws to any particular donation.

9. Member Conduct

1. 9.1You must use the Platform only for its intended purpose and in compliance with all applicable federal, state and local laws, rules and regulations.
2. 9.2You must not:
   1. (a)post or submit information that is false, misleading, or that you do not have the right to post;
   2. (b)attempt to access another Member’s account, guess or test sign-in codes, or circumvent any limit, control or security measure of the Platform;
   3. (c)copy, scrape, harvest or extract data from the Platform in bulk, or use automated means to access it, other than through features DLH provides;
   4. (d)reverse engineer, decompile, modify or create derivative works of the Platform;
   5. (e)use the Platform to send unsolicited commercial messages, or to contact Members for purposes unrelated to DLH business;
   6. (f)upload malicious code, or interfere with the operation of the Platform or the servers and networks connected to it;
   7. (g)use the Platform in a way that infringes the rights of any person or that is unlawful, defamatory, harassing or obscene.
3. 9.3The message boards on the Platform are provided for communication among Members of the same type and DLH about DLH business. Posts must be truthful and respectful. DLH has no tolerance for objectionable content or abusive Members: any Member can report a post, a listing or another Member to DLH from within the Platform, DLH reviews every report promptly, and DLH removes objectionable content and may suspend or close the account of a Member who posts it. DLH may remove any post and may restrict a Member’s board access at any time. DLH receives a copy of every post. Removed posts are retained by DLH but are no longer displayed.
4. 9.4DLH may investigate suspected breaches of this Agreement and may take any action it considers appropriate, including removing content, suspending or closing accounts, and reporting unlawful conduct to the authorities.
5. 9.5Products purchased through the Platform are for use in your own business. You must not represent a product as something it is not, or use a Farm’s name or claims in your own marketing in a way that is inaccurate.

10. Member Content and Intellectual Property

1. 10.1You retain ownership of the text, photographs, logos and other material you submit to the Platform (“Member Content”).
2. 10.2You grant DLH a non-exclusive, royalty-free, worldwide license to host, store, reproduce, display, adapt (for example by resizing) and distribute your Member Content for the purposes of operating, promoting and improving the Platform and DLH’s services, including in Order emails, invoices and DLH’s own materials describing the DLH market. This license continues for as long as the content is on the Platform and, for records already generated (such as past Orders and invoices), for as long as DLH keeps those records.
3. 10.3Logos and other material you upload are displayed to Farms and Food Banks that deal with you and in DLH’s Order records.
4. 10.4You represent and warrant that you own or have the necessary rights to your Member Content, that it is accurate, and that it does not infringe the rights of any third party or violate any law.
5. 10.5The Platform, its design, software, text, graphics and the DLH name and marks are owned by DLH or its licensors and are protected by copyright, trademark and other laws. Nothing in this Agreement grants you any right in them other than the limited right to use the Platform in accordance with this Agreement. You may describe yourself as a DLH Member; you may not use the DLH name or marks in any other way without DLH’s prior written consent.

11. Term, Suspension and Termination

1. 11.1This Agreement begins when you accept it and continues until it is terminated.
2. 11.2You may terminate this Agreement at any time by notifying DLH and ceasing to use the Platform.
3. 11.3DLH may suspend your access or terminate this Agreement at any time, with or without notice, if you breach this Agreement, if DLH reasonably believes your conduct may harm DLH or another Member, if required by law, or if DLH discontinues the Platform. DLH may also terminate this Agreement for convenience on fourteen (14) days’ notice.
4. 11.4On termination DLH will complete delivery of Orders already collected. Amounts you owe for Orders remain payable to the Farms concerned.
5. 11.5Termination does not affect Orders placed before termination, amounts owed, or any right or obligation that by its nature should survive, including Sections on payment, food safety and compliance, content licenses for records already generated, disclaimers, limitation of liability, indemnification, and governing law.

12. Disclaimer of Warranties

1. 12.1THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, DLH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. 12.2DLH DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DLH MAY CHANGE, SUSPEND OR DISCONTINUE ANY PART OF THE PLATFORM AT ANY TIME.
3. 12.3DLH MAKES NO WARRANTY OR REPRESENTATION ABOUT ANY PRODUCT OR SURPLUS, INCLUDING ITS QUALITY, SAFETY, FRESHNESS, ORIGIN, WEIGHT, QUANTITY, LABELING, LEGALITY OR FITNESS FOR ANY PURPOSE. PRODUCTS ARE SUPPLIED BY FARMS AND SURPLUS BY BUYERS, AND THE SUPPLYING MEMBER IS SOLELY RESPONSIBLE FOR THEM.
4. 12.4SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

1. 13.1TO THE FULLEST EXTENT PERMITTED BY LAW, DLH AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF DLH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. 13.2TO THE FULLEST EXTENT PERMITTED BY LAW, DLH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM PRODUCTS OR SURPLUS SUPPLIED BY A MEMBER, INCLUDING FOODBORNE ILLNESS, SPOILAGE, CONTAMINATION, ALLERGENS, MISLABELING, SHORT WEIGHT OR NON-DELIVERY BY A MEMBER; FROM THE ACTS OR OMISSIONS OF ANY MEMBER; FROM THE ACTS OR OMISSIONS OF SQUARE OR ANY OTHER THIRD-PARTY SERVICE; OR FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO KEEP YOUR SIGN-IN CODE CONFIDENTIAL.
3. 13.3TO THE FULLEST EXTENT PERMITTED BY LAW, DLH’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID THROUGH THE PLATFORM IN THE SIX (6) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
4. 13.4THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY DLH’S OWN NEGLIGENCE. THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DLH.

14. Indemnification

1. 14.1You will defend, indemnify and hold harmless DLH and its owners, officers, employees, contractors and agents from and against all claims, demands, actions, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) brought by a third party and arising out of or relating to:
   1. (a)any Surplus you post or release, including any claim of illness, injury, death, allergic reaction or contamination;
   2. (b)your use of products purchased through the Platform after delivery;
   3. (c)your failure to pay a Farm, or any claim by a Farm relating to an Order;
   4. (d)your Member Content;
   5. (e)your breach of this Agreement or of any law;
   6. (f)any dispute between you and another Member.
2. 14.2DLH will notify you promptly of any claim for which it seeks indemnity, will allow you to control the defense and settlement (provided no settlement admits fault by DLH or imposes obligations on DLH without its written consent), and will cooperate reasonably at your expense. DLH may participate with its own counsel at its own cost.

15. Governing Law and Disputes

1. 15.1This Agreement and any dispute arising out of or relating to it or the Platform are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
2. 15.2Before starting any formal proceeding, you and DLH agree to attempt in good faith to resolve the dispute by discussion for at least thirty (30) days after one party gives the other written notice describing it.
3. 15.3Subject to the preceding clause, the state and federal courts located in Duval County, Florida have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Platform, and each party submits to the personal jurisdiction of those courts. DLH may nevertheless seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or the security of the Platform.
4. 15.4Any claim arising out of or relating to this Agreement or the Platform must be brought within one (1) year after the claim arose; otherwise it is permanently barred.
5. 15.5Disputes between Members about products, Surplus, Orders or payment are between those Members. Nothing in this Section restricts a Member from pursuing another Member directly.

16. General Provisions

1. 16.1Changes to this Agreement. DLH may amend this Agreement from time to time. DLH will post the amended Agreement on the Platform, update the version number and effective date, notify Members by email or on the message boards, and present the amended Agreement for acceptance at your next sign-in. Amendments apply prospectively. Your continued use of the Platform after the effective date of an amendment constitutes acceptance of it; if you do not accept an amendment, you must stop using the Platform and notify DLH, and Orders already placed remain subject to the Agreement in force when they were placed.
2. 16.2Notices. Notices to you will be sent to the email address on your account and are effective when sent. Notices to DLH must be sent to the DLH email address shown on your invoices and Order emails, or by replying to any email from DLH, and are effective when received.
3. 16.3Force majeure. Neither party is liable for failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including weather, flood, hurricane, fire, crop failure, disease, epidemic, labor dispute, governmental action, utility or internet failure, or failure of a third-party service such as Square. DLH may suspend the Platform or deliveries during such an event.
4. 16.4Independent businesses. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, employment or fiduciary relationship between you and DLH, or between you and any other Member.
5. 16.5Assignment. You may not assign or transfer this Agreement or your account without DLH’s prior written consent. DLH may assign this Agreement to a successor to its business.
6. 16.6No third-party beneficiaries. This Agreement is for the benefit of you and DLH only and creates no rights in any other person, except that the persons indemnified under the Indemnification Section may enforce it.
7. 16.7Waiver. A party’s failure or delay in enforcing any provision of this Agreement is not a waiver of that provision or of the right to enforce it later. A waiver is effective only if in writing.
8. 16.8Severability. If any provision of this Agreement is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions remain in full force.
9. 16.9Entire agreement. This Agreement, including the Privacy Notice, is the entire agreement between you and DLH about the Platform and supersedes all prior agreements, understandings and representations about it, written or oral. Terms on a purchase order, invoice or other document issued by a Member that conflict with this Agreement have no effect as between that Member and DLH.
10. 16.10Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation”. In case of inconsistency between this Agreement and any translation or summary, this English text controls.
11. 16.11Electronic agreement. You agree that ticking the “I agree” box, signing in after notice of this Agreement, and the electronic records DLH keeps of those actions satisfy any requirement that this Agreement be in writing and signed, including under the federal Electronic Signatures in Global and National Commerce Act and the Florida Uniform Electronic Transaction Act.

17. Privacy Notice

1. 17.1Scope. This Privacy Notice explains what information DLH collects through the Platform, how it is used and shared, and the choices you have. It applies to Members and to the individuals who use the Platform on a Member’s behalf.
2. 17.2Information we collect. DLH collects:
   1. (a)account information: your business name, contact name, email address, telephone number, delivery address and receiving hours, and what you told DLH when you applied;
   2. (b)your Orders and Reservations, their status, and whether and how they were paid, including Deposits and Deposit refunds (DLH records the fact and method of payment, not card details); if you keep a card on file with a Farm, the Square customer and card references and the card’s brand and last four digits, never the card number;
   3. (c)your Surplus postings, logo and favorites;
   4. (d)your sign-in code, stored so that it can be emailed to you on request if you forget it;
   5. (e)your message-board posts;
   6. (f)a log of sign-ins and actions on the Platform, with the date, time and internet (IP) address, used for security, rate-limiting and troubleshooting;
   7. (g)records of your acceptance of this Agreement, including the version accepted and when;
   8. (h)correspondence you send to DLH.
3. 17.3How we use it. DLH uses this information to operate the Platform; to process Orders, deliveries, payments and donations; to send transactional email (confirmations, invoices, payment and delivery notices, sign-in codes, board notifications and agreement updates); to keep accounting and tax records; to protect the security of the Platform and Members; to respond to a food-safety event; to comply with law; and to improve the Platform. DLH does not sell or rent Member information and does not use it for third-party advertising.
4. 17.4Who sees what on the Platform.
   1. (a)Farms see your business name on Orders you place with them. DLH’s delivery staff see your delivery address and receiving hours.
   2. (b)Food Banks see your business name and your Surplus postings; you see which Food Bank claimed a posting.
   3. (c)Your posts on the Restaurants board are seen by other Buyers and DLH.
   4. (d)DLH staff and contractors see all information needed to operate the Platform, coordinate deliveries and keep the records.
   5. (e)No Member can see another Member’s email address, telephone number, sign-in code, payment records or balances through the Platform.
5. 17.5Service providers. DLH shares information with the providers that run the Platform, each of which processes it only to provide its service to DLH: Supabase, Inc. (database and file storage), Netlify, Inc. (hosting and functions), Resend, Inc. (transactional email), and Block, Inc. (Square) (payment processing). Card and bank-account numbers are entered on Square’s pages and are never seen or stored by DLH. DLH may also disclose information where required by law, legal process or governmental request; to enforce this Agreement; to protect the rights, property or safety of DLH, Members or the public; to address a food-safety event; or in connection with a sale, merger or reorganization of DLH’s business, in which case the successor will be bound by this Notice.
6. 17.6Security. DLH uses reasonable administrative and technical measures to protect Member information, including encrypted connections, encrypted storage of Square connection credentials, server-side-only access to the database, and rate-limiting of sign-in attempts. No system is completely secure, and you are responsible for keeping your sign-in code confidential.
7. 17.7Retention. DLH keeps Order, payment, invoice and donation records for as long as needed for accounting, tax and legal purposes, generally at least seven (7) years. Other account information is kept while your account is active and for a reasonable period after it closes. Message-board posts, including removed posts, are kept as part of the Platform’s records.
8. 17.8Your choices. You may update your contact details and sign-in code in the Platform at any time, and may ask DLH to correct inaccurate information. You may ask DLH to close your account; DLH will then stop displaying your information to other Members and will delete information it does not need to keep under the Retention clause. DLH does not use advertising cookies or trackers. The Platform stores only functional data in your browser (such as a remembered sign-in on this device or which tab was open), which you can clear through your browser.
9. 17.9Children. The Platform is for businesses and organizations and is not directed to anyone under 18. DLH does not knowingly collect information from children.
10. 17.10Changes to this Notice. DLH may update this Notice as described in the Changes to this Agreement clause. Material changes will be notified to Members by email or on the message boards.
11. 17.11Contact. Questions about this Notice or about your information may be sent to the DLH email address shown on your invoices and Order emails.

Version 3, effective October 24, 2026: adds the minimum order (5.7), plan-ahead Reservations, Deposits and cancelling them (5.8 to 5.11), keeping a card on file with a Farm (5.12), Farms buying through the Platform (2.2, 5.13), payment by bank transfer and through a Farm’s PayPal link (7.1, 7.3), payment due within three days of delivery (7.2), refunds by whoever received the payment (7.4), and cancelling an Order yourself until it is packed (5.6). Version 2 (October 17, 2026) and Version 1 (October 16, 2026) are superseded in full.

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