Homey harvest

Effective Date: February 15, 2025

1. Introduction

Welcome to Homey Harvest, operated by Goodness Grub LLC, a Virginia-based limited liability company ("Company," "we," "us," or "our"). These Terms & Conditions ("Terms") govern your access to and use of the Homey Harvest platform, including our website (https://www.homeyharvest.com), mobile applications (iOS and Android), social media pages, and any related services, features, or content (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any additional policies or guidelines referenced herein. If you do not agree with these Terms, you must not access or use the Platform.

2. Nature of the Platform

Homey Harvest is an online marketplace that facilitates connections between independent third-party service providers (e.g., home chefs, caterers, cooking instructors) ("Providers") and customers (individuals or entities) ("Customers") seeking food-related services, such as meal preparation, catering, or cooking classes. We are solely an intermediary platform and do not provide, control, or assume responsibility for any services, products, or interactions between Providers and Customers.

You expressly acknowledge and agree that:

• Providers are independent third parties, not employees, agents, or representatives of Homey Harvest.
• We do not employ, vet, verify, endorse, or guarantee the qualifications, reliability, authenticity, safety, or performance of Providers or their services.
• Customers are solely responsible for evaluating and selecting Providers based on their own judgment.
• Homey Harvest is not liable for any damages, losses, injuries, or disputes arising from interactions between Customers and Providers, including but not limited to service quality, delivery issues, food safety, or legal compliance.
• All transactions and agreements occur directly between Customers and Providers, and Homey Harvest is not a party to such agreements.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years old. Individuals under 18 are prohibited from using the Platform.
• Have the legal capacity to enter into binding agreements.
• Comply with all applicable local, state, and federal laws, including those of Virginia.
• Provide accurate, complete, and up-to-date information during registration.

We reserve the right to refuse access to the Platform, suspend, or terminate accounts at our sole discretion, including for users who fail to meet eligibility requirements or violate these Terms.

4. User Roles

The Platform supports three primary user roles:

4.1. Customers

Customers use the Platform to browse, order, or schedule services from Providers. Customers are responsible for:

• Providing accurate account information (e.g., name, email, phone number, delivery addresses).
• Making timely payments directly to Providers via approved payment methods.
• Communicating directly with Providers for order details, customizations, or issues.
• Conducting due diligence to assess the suitability of Providers and their services.

4.2. Providers

Providers are independent individuals or businesses offering services through the Platform. Providers are solely responsible for:

• Completing registration with accurate information, including valid identification, food safety certifications, and liability insurance, where required by law.
• Undergoing and passing background checks (via Checkr API or similar tools) as mandated by the Platform or applicable regulations.
• Complying with all Virginia and U.S. food safety, licensing, and business regulations.
• Setting accurate pricing, availability, and service descriptions, including dietary specifications (e.g., halal, kosher, organic).
• Fulfilling orders professionally and promptly, including providing updates to Customers.
• Maintaining adequate liability insurance for their services.
• Paying Platform commissions promptly, as outlined in Section 8.
• Reporting income and complying with all tax obligations, including obtaining necessary licenses.

Providers acknowledge that they are independent contractors, not employees, partners, or affiliates of Homey Harvest, and Homey Harvest bears no responsibility for their actions, services, or compliance with legal or contractual obligations.

4.3. Administrators ("Admins")

Admins are authorized personnel of Goodness Grub LLC who manage Platform operations, including account verification, content moderation, and dispute facilitation. Admins do not assume liability for user interactions or service outcomes.

5. Registration and Account Management

5.1. Account Creation

To access certain Platform features, you must create an account by providing accurate information. Registration options include email, phone, or social media accounts (e.g., Google, Facebook, Apple). You agree to provide truthful information and update it as necessary.

5.2. Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials.
• Notifying us immediately of any unauthorized access or security breaches at info@homeyharvest.com.
• All activities conducted under your account, whether authorized or not.

Homey Harvest is not liable for any losses or damages resulting from unauthorized access to your account. We may implement security measures, such as multi-factor authentication, but we do not guarantee the security of your account.

5.3. Provider Verification

Providers must submit valid identification and, where required, certifications or insurance documentation. Background checks may be conducted via third-party services (e.g., Checkr API). We do not guarantee the accuracy or reliability of verification processes, and Customers must independently verify Provider credentials. Failure to complete verification may result in account suspension or termination.

6. Platform Features and Usage

6.1. Customer Features

• Browsing and Ordering: Search and filter services by dietary preferences, location, or other criteria. Schedule orders via Google Calendar API integration.
• Communication: Use in-app chat, virtual calls (via Twilio API), or messaging to communicate directly with Providers.
• Payments: Pay Providers via third-party payment processors (e.g., Stripe, PayPal, Apple Pay, Google Pay) or cash, where accepted.
• Feedback: Submit reviews for completed services, subject to moderation for inappropriate content.
• Complaints: File complaints directly with Providers. Homey Harvest may facilitate communication but is not responsible for resolving disputes.

6.2. Provider Features

• Profile Management: Create profiles with service descriptions, images, videos, and external links (e.g., social media).
• Service Offerings: List services, set dietary specifications, and define capacity limits. Orders exceeding capacity are automatically canceled.
• Scheduling: Manage availability via Google Calendar API.
• Financial Tools: Track sales and costs via third-party integrations (e.g., QuickBooks, Xero).
• Promotions: Create discount codes or pay for sponsored listings.
• Delivery: Arrange delivery via third-party services (e.g., DoorDash, Uber Eats) or offer pickup.

Homey Harvest provides these features as a convenience and is not responsible for their functionality, accuracy, or availability.

6.3. Admin Features

Admins may:

• Verify accounts and moderate content.
• Facilitate payment processing and commission collection.
• Assist with dispute resolution, without assuming liability.

Admins act solely to maintain Platform operations and do not mediate or guarantee outcomes of user interactions.

7. Intellectual Property

7.1. Ownership

All content, trademarks, logos, and software on the Platform, including the Homey Harvest name and logo, are the property of Goodness Grub LLC or its licensors. You may not use, reproduce, or distribute our intellectual property without prior written consent.

7.2. User-Generated Content

By uploading content (e.g., images, reviews), you grant us a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content on the Platform for operational purposes. You represent that you own or have the right to share such content and that it complies with applicable laws. Homey Harvest is not liable for any claims arising from user-generated content.

8. Financial Transactions and Commissions

8.1. Payment Processing

Payments are processed via third-party payment processors (e.g., Stripe, PayPal). Homey Harvest is not responsible for payment processing errors, fraud, or disputes. Customers and Providers assume all risks associated with financial transactions.

8.2. Platform Commission

We charge a commission on each transaction, set individually for Providers and subject to change at our discretion. Commissions are deducted from Provider earnings. Homey Harvest is not liable for disputes over commission amounts or deductions.

8.3. Cash Payment Policy

For cash payments:

• Providers must remit the Platform's commission within five business days.
• Failure to pay will result in account suspension.
• If unpaid for three months, we may engage a collection agency, and Providers will be liable for all associated costs.

Homey Harvest is not responsible for collecting or enforcing cash payments between Customers and Providers.

8.4. Payouts

Provider earnings (after commissions) are transferred via third-party services after a 14-day holding period. Early access may incur a 5% fee. Homey Harvest is not liable for delays, errors, or losses in payout processing.

8.5. Tax Compliance

Providers are solely responsible for reporting income and complying with tax obligations. We may issue IRS Form 1099 for Providers exceeding income thresholds, but Homey Harvest is not responsible for Providers' tax compliance or liabilities.

9. Cancellations, Refunds, and Disputes

9.1. Cancellations

• Customers may cancel orders before preparation begins, subject to Provider policies.
• Providers may cancel orders due to capacity limits or other reasons, with notification to Customers.

Homey Harvest is not responsible for cancellations or their consequences.

9.2. Refunds

Refunds are handled directly between Customers and Providers. Homey Harvest may facilitate refund processing via third-party payment processors but is not liable for refund disputes or delays.

9.3. Dispute Resolution

Disputes must be resolved directly between Customers and Providers. Homey Harvest may provide communication tools but is not obligated to mediate, arbitrate, or resolve disputes and bears no liability for their outcomes.

10. User Conduct and Prohibited Activities

You agree not to:

• Use the Platform for illegal purposes or in violation of Virginia or U.S. laws.
• Post false, misleading, defamatory, or offensive content.
• Impersonate others or create fraudulent accounts.
• Interfere with Platform functionality (e.g., hacking, malware).
• Harass, discriminate against, or harm other users.
• Circumvent commission payments or Platform policies.

We may suspend or terminate accounts for violations at our sole discretion and report illegal activities to authorities. Homey Harvest is not liable for damages caused by user conduct.

11. Limitation of Liability

To the fullest extent permitted by law, Homey Harvest, its affiliates, officers, directors, employees, and agents are not liable for any direct, indirect, incidental, consequential, punitive, or special damages arising from or related to:

• Your use of or inability to use the Platform.
• The actions, omissions, or services of Providers or Customers.
• Food safety, quality, or compliance with dietary or legal standards.
• Disputes, injuries, losses, or damages arising from user interactions.
• Errors, delays, or failures in third-party services (e.g., payment processors, delivery services).
• Unauthorized access to your account or data.

The Platform is provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Indemnification

You agree to indemnify, defend, and hold harmless Homey Harvest, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Platform.
• Your violation of these Terms or applicable laws.
• Your interactions with other users, including disputes with Providers or Customers.
• Your content or services offered through the Platform.

13. Third-Party Services

The Platform integrates third-party services (e.g., Stripe, DoorDash, Twilio). Homey Harvest is not responsible for the availability, functionality, or policies of third-party services. You agree to review and comply with their terms and assume all risks associated with their use.

14. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, including for violations of these Terms. Upon termination, your right to use the Platform ceases, but these Terms' provisions on liability, indemnification, and dispute resolution survive. Homey Harvest is not liable for any losses resulting from termination.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Platform will be resolved exclusively in the state or federal courts located in Virginia. You waive any right to participate in class actions or collective arbitration.

16. Changes to Terms

We may update these Terms at any time by posting the revised version on the Platform. Continued use of the Platform after changes constitutes your acceptance of the updated Terms.

17. Contact Information

For questions or concerns about these Terms:

Goodness Grub LLC (d/b/a Homey Harvest)
Email: info@homeyharvest.com
Phone: (877) 665-3988

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Homey Harvest regarding the Platform, superseding any prior agreements. If any provision is found unenforceable, the remaining provisions remain in full effect.

19. No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

Key Features of This Document to Minimize Liability

• Clear Intermediary Role: Repeatedly emphasizes that Homey Harvest is only a platform facilitating connections, not a service provider or employer, to avoid liability for Provider actions.
• Disclaimer of Responsibility: Explicitly states that Homey Harvest does not vet, verify, or guarantee Providers' qualifications, services, or compliance, placing the burden on Customers to conduct due diligence.
• No Liability for User Interactions: Disclaims liability for disputes, damages, or losses arising from Customer-Provider interactions, including food safety or service quality issues.
• Third-Party Service Exclusion: Shifts responsibility for third-party integrations (e.g., payment processors, delivery services) to their respective providers.
• As-Is Platform: Provides the Platform "as is" without warranties, reducing exposure to claims of non-performance or defects.
• Indemnification Clause: Requires users to indemnify Homey Harvest for claims arising from their actions, further protecting the company.
• Broad Limitation of Liability: Caps liability to the fullest extent permitted by law, excluding all types of damages (e.g., consequential, punitive).
• Termination Flexibility: Allows Homey Harvest to terminate accounts at its discretion, limiting exposure to problematic users.

Note: While this document is designed to minimize liability, no terms can completely eliminate all legal risks. It is strongly recommended to have this document reviewed by a licensed attorney in Virginia to ensure compliance with local laws and to address any specific risks unique to your business. Additionally, maintain adequate business liability insurance to further protect Goodness Grub LLC.