ProduceHub

Terms of Service

Last updated: February 2025

By using ProduceHub you agree to these terms. If you do not agree, you must not use the platform.

1. Who We Are

ProduceHub ("ProduceHub", "we", "us", "our") is a trade name used by the entity operating the platform, which may be a corporation or other entity organized under the laws of British Columbia, Canada. The legal name of the operating entity may be disclosed on the platform or upon request.

ProduceHub operates an online marketplace platform that connects independent farms ("Farms", "Sellers") with consumers ("Customers", "Buyers") for the advance purchase of farm products.

ProduceHub does not own, raise, or process any products listed by Farms. ProduceHub may operate or use warehouse or hub locations to temporarily store and facilitate pickup of goods ordered through the platform; in such cases ProduceHub acts as a facilitator and the Farm remains the seller. All products are sold by the Farms directly to Customers.

  • Contact: support@producehub.ca
  • Mailing address: 334-4974 Kingsway, Burnaby, BC V5H 4M8

2. Acceptance of Terms & Eligibility

By accessing or using the platform, you confirm that you are at least 19 years old, you are a resident of Canada, and you have read, understood, and agree to be bound by these Terms.

If you use the platform on behalf of a business (e.g. as a Farm), you represent that you have authority to bind that business.

We may update these Terms from time to time. The "Last updated" date will change when we do. Your continued use after changes are posted means you accept the updated Terms.

3. Role of ProduceHub (Marketplace Only)

ProduceHub is a marketplace facilitator only. We provide tools to list products, collect deposits, and connect Farms and Customers. We are not a party to the sales contract between a Farm and a Customer. We do not take title to any goods and do not guarantee product quality, safety, availability, or delivery.

All contracts, rights, and obligations regarding the sale of products (including pricing, quality, production, pickup/delivery, and refunds after deposits are paid out to Farms) are between the Farm and the Customer.

Any dispute about products (quality, labelling, quantity, timing) is primarily between you and the Farm. ProduceHub may, but is not obligated to, assist in resolving disputes. Customers must negotiate directly with the Farm where the deposit has already been paid out to the Farm.

4. Accounts & Access

To place orders, Customers must create an account and provide accurate, current information. You are responsible for keeping your login credentials secure and for all activity under your account.

Farm accounts are subject to additional onboarding requirements (including payment verification). Only Farms that complete required verification can receive deposit payouts. Farms are responsible for accurate product descriptions, pricing, availability, and compliance with food safety and other regulatory requirements.

We may suspend or terminate accounts at our discretion, including for suspected fraud, misuse, or violation of these Terms.

5. Products, Listing & Compliance (Farms)

Farms are solely responsible for the production, processing, storage, and packaging of products they sell; for all required licenses, permits, and inspections; and for ensuring products comply with applicable laws.

ProduceHub may request and display information from Farms (e.g. licenses, certifications) but does not independently verify all such information. Customers are responsible for their own due diligence. We may refuse or remove listings or suspend Farm accounts at our discretion.

6. Deposits, Orders & Payment Flow

The platform works on a pre-order deposit model: (1) Customer selects products and pays a deposit (a percentage of the order value) plus platform fees and taxes at checkout; (2) Farm reviews and may accept or reject the order; (3) Once accepted, the Farm plans production. Deposits are processed via a third-party payment processor (e.g. Stripe Connect). Only Farms that complete required payment onboarding and verification can receive payouts.

  • Platform fee: We may charge a per-order and/or percentage-based platform service fee to Customers. Platform fees are non-refundable even if an order is later cancelled or not fulfilled, except where required by law.
  • Referral/commission fee: We may charge Farms a commission or referral fee on accepted orders. Amounts and timing are communicated on the platform (e.g. at checkout, in Farm dashboards).
  • Deposits are held by the platform until we release them to the Farm. We may release deposits when the Farm accepts the order or closer to the expected pickup/ready date. We may delay release for fraud prevention or policy compliance. Your payment obligation for the deposit is satisfied when we receive it on behalf of the Farm; Farms authorize us to collect deposits and remit amounts owed (minus fees) per our payout policies.

7. Cancellations, Refunds & No Returns

Refunds, when applicable, are processed to the original payment method where possible.

  • Before Farm acceptance: Customer may request cancellation. On approved cancellation, the deposit is refunded in full; any platform fee is non-refundable. We may also cancel at our discretion for fraud, misuse, or technical error.
  • After Farm acceptance but before deposit paid out to Farm: Customer may request cancellation. We may cancel and process a full refund of the deposit (minus non-refundable platform fees). We are not obligated to obtain the Farm's consent but may consider timing and production stage. We encourage Customers to request cancellations as early as possible; eligibility may be reduced as the order completion date approaches.
  • After deposit paid out to Farm: Refunds (full or partial), rescheduling, or credits are between the Customer and the Farm. ProduceHub is not responsible for issuing refunds at this stage. Customers must contact the Farm directly to negotiate. Farms may, but are not obligated to, offer refunds or alternatives per their own policies and applicable law.
  • If a Farm cannot fulfill an order: The Farm is responsible for working with the Customer in good faith (e.g. full or partial refund, reschedule, or alternative). ProduceHub may assist in communication but is not liable for the Farm's failure to fulfill or refund. We may, at our sole discretion, use our Customer Protection Pool (Section 8) to help compensate the Customer; we are not obligated to do so and our liability remains limited (Section 11).

No return of merchandise: Due to the perishable nature of the goods provided through the platform, we do not accept returned merchandise. If your order is incomplete, an item is damaged, or does not meet your expectations, you may request a refund by contacting us at support@producehub.ca or through any form we provide on the platform for such requests. Refund requests must be received within 14 days of receipt (or pickup) of the product. Where a refund is approved under this policy, it will be credited to the original payment method within a reasonable time (e.g. within a few business days). Eligibility for refunds for problems with an order may depend on the stage of the order (e.g. if the deposit has already been paid out to the Farm, you may need to work with the Farm directly as set out above).

8. Customer Protection Pool (Not Insurance)

We may maintain an internal fund ("Customer Protection Pool") to help compensate Customers in limited situations where a Farm fails to fulfill an order after receiving deposit funds. This pool is not an insurance product or contract; it is entirely discretionary and subject to internal limits and policies. We may change, suspend, or discontinue it at any time. Nothing in these Terms guarantees any payment from this pool. Your primary recourse remains against the Farm.

9. Pickups, Hubs & Delivery

Farm pickup: Customers may pick up directly from the Farm (typically no extra fee unless the Farm sets one). Pickup time and location are between Customer and Farm. Customer is responsible for arriving on time and bringing appropriate containers (e.g. cooler for frozen goods).

ProduceHub Hubs (warehouse pickup): We may offer centralized pickup at locations we operate or lease. A Hub fee may apply. The Farm delivers products to the Hub; the Customer picks up within the specified window. Where we temporarily store or handle goods at a Hub, we do so as a facilitator; the Farm remains responsible for product quality and food safety compliance. We do not guarantee temperature or storage standards beyond what is commercially reasonable for the service offered.

Your responsibility after delivery or pickup: It is your responsibility to retrieve your order in a timely fashion after delivery has taken place (or to pick up at the agreed time) and to transfer the food to proper long-term storage. ProduceHub is not responsible for lost or stolen packages, for food quality degradation, nor for food safety risks due to prolonged delays in retrieval or pickup. If you specified a Hub or other pickup location (e.g. a community host), the product is your responsibility immediately upon delivery to that location. Neither ProduceHub nor the pickup location operator is responsible for the product's condition thereafter. The hours of operation of a pickup location are for reference only and are not to be construed as a temperature-controlled window for retrieval. Pickup location operators are not responsible for inventorying or controlling access to your order while awaiting pickup, nor for stolen or damaged orders.

Meats and perishables: Products may be delivered or picked up frozen or chilled. We recommend storing perishables (including thawed meats) in a refrigerator and using or cooking within a safe time (e.g. within 7 days for thawed meats unless otherwise advised). We do not recommend re-freezing thawed meats.

Home delivery may not be available initially. If offered, it may be by third parties or Farms; additional fees and conditions apply. Any delivery dates are estimates only.

10. Pricing, Taxes, Availability & Personal Use

Prices are set by Farms (or by agreement with ProduceHub) and may change before an order is placed. Applicable sales taxes are calculated and collected at checkout where required by law; we may collect sales tax on behalf of the Farm. Platform fees and delivery or Hub fees may be subject to tax where required. Availability is not guaranteed. We reserve the right to correct pricing or listing errors and to cancel or refuse orders affected by errors.

Personal use: Products sold on the platform are intended for direct-to-consumer (personal or household) use. No warranty is made about the suitability of products for wholesale or food-service use.

11. Disclaimers & Limitation of Liability

To the fullest extent permitted by law, the platform and all content are provided "as is" and "as available". We make no warranties (express or implied) including merchantability, fitness for a particular purpose, or availability. We do not warrant that the platform will be uninterrupted, secure, or error-free, or that product or Farm information is accurate or current.

Product & food safety: ProduceHub does not produce or process food. Where we temporarily store or handle goods at a Hub, we do so as a facilitator; the Farm remains responsible for product quality and food safety. All risks related to purchase and consumption (including food-borne illness, allergens, labelling) lie with the Farm and with you as the Customer.

Limitation of liability: To the fullest extent permitted by law, ProduceHub and its directors, officers, employees, contractors, and agents are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages (including loss of profits, data, personal injury, or property damage) arising from your use of the platform or any products purchased through it. Our total aggregate liability to you is limited to the greater of (1) the total platform fees you paid to us in the six (6) months before the event giving rise to the claim, or (2) CAD $100. Some jurisdictions do not allow certain limitations; where so, the above applies to the maximum extent permitted.

12. Indemnity

You agree to indemnify and hold harmless ProduceHub and its directors, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the platform, your breach of these Terms, any violation of applicable law, or any dispute between you and a Farm or other third party.

13. Intellectual Property & Privacy

Content on the platform is owned by or licensed to ProduceHub. You may view and use the platform for personal, non-commercial use only. You may not copy, modify, distribute, or create derivative works without our prior written consent. Farms retain ownership of their own brand, logos, photos, and descriptions, subject to the license they grant to ProduceHub.

Your use is also governed by our Privacy Policy. We may send transactional emails (e.g. order confirmations) and, with your consent, marketing emails; you can unsubscribe from marketing at any time.

14. Termination, Governing Law, Miscellaneous

We may suspend or terminate your access at any time without prior notice if we believe you have violated these Terms, your use is fraudulent or harmful, or it is necessary for security or legal reasons. Termination does not affect existing obligations (e.g. payments owed).

These Terms and any dispute relating to them or the platform are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any legal action must be brought in the courts of British Columbia, Canada, and you submit to the jurisdiction of those courts.

If any provision is invalid or unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect. Our failure to enforce a right is not a waiver. You may not assign your rights or obligations without our consent; we may assign without restriction.

15. Contact

Questions about these Terms: support@producehub.ca. Mailing address: 334-4974 Kingsway, Burnaby, BC V5H 4M8.