Our Terms of Service
1. Introduction / Acceptance of Terms
Welcome to onlinefarmersmarket.ca (the "Website"). These Terms of Service ("Terms") govern your access to and use of the Website, including all content, services, and products offered by onlinefarmersmarket.ca, a sole proprietorship registered in Ontario, Canada ("onlinefarmersmarket.ca," "we," "us," or "our"). By accessing, Browse, or using the Website, including making purchases, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available on our Website and incorporated herein by reference). If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.
2. Description of Service
onlinefarmersmarket.ca provides an online platform for customers to purchase locally sourced farm products, including but not limited to eggs, honey, meats, dairy, butter, and local seasonal produce (collectively, "Products"), for delivery within specified regions of the greater Ottawa area in Ontario, Canada.
3. Product Information and Availability
Accuracy: We strive to ensure that all information on the Website, including product descriptions, images, and pricing, is accurate and up-to-date. However, we do not warrant that all product descriptions, images, pricing, or other information are error-free, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information (including pricing) at any time without prior notice, including after an order has been submitted. Availability: All Products are offered subject to availability. We reserve the right to limit the quantities of any Products that we offer, to discontinue Products at any time, or to impose conditions on any order. We will inform you as soon as possible if Products you have ordered are not available. Allergens/Dietary Information: Products are sourced from various local farms and suppliers. While we may provide information about ingredients, we cannot guarantee that Products are free from allergens (e.g., nuts, gluten, dairy, soy, etc.) as cross-contamination may occur at the farm or supplier level, or during packaging. If you have severe allergies or specific dietary concerns, you are responsible for exercising caution. Please contact us directly at info@onlinefarmersmarket.ca before placing an order if you have questions about allergens or specific dietary needs.
4. Orders, Pricing, and Payment
Order Acceptance: Your placement of an order through the Website constitutes an offer to purchase the selected Products. An automated email receipt for your order does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order, or any portion thereof, in our sole discretion, for any reason, including but not limited to Product unavailability, errors in pricing or product information, or suspicion of fraudulent activity. Our acceptance of your order will only occur when we dispatch the Product(s) or send you an explicit order confirmation confirming shipment. Pricing: All prices for Products are listed in Canadian Dollars (CAD). Prices are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Payment: We accept payment through PayPal, which processes payments made with PayPal accounts and major credit cards. Full payment must be received by us before an order is processed, packaged, and scheduled for delivery. By submitting your payment information through PayPal, you authorize PayPal (our third-party payment processor) to process your payment for the total amount of your order. You are responsible for ensuring that your billing information is current, complete, and accurate. Taxes: Applicable taxes, including Harmonized Sales Tax (HST) for Ontario residents, will be calculated based on the shipping address and added to your order total. Taxes will be clearly itemized during the checkout process and in your order confirmation.
5. Shipping and Delivery
Delivery Area: We offer delivery of Products exclusively to customers within the greater Ottawa area, Ontario. Our general delivery zones include areas with the following postal code prefixes: K1A, K1B, K1C, K1E, K1G, K1H, K1J, K1K, K1L, K1M, K1N, K1P, K1R, K1S, K1T, K1V, K1W, K1X, K1Y, K1Z, K2A, K2B, K2C, K2E, K2G, K2H, K2J, K2K, K2L, K2M, K2P, K2R, K2S, K2T, K2V, K2W, K4A, K4B, K4C, K4M, K4P. This list is for general guidance and may be subject to change. We reserve the right to determine specific delivery boundaries. Please contact us if you are unsure whether your address falls within our delivery zone before placing an order. We do not deliver to addresses outside our designated delivery area. Delivery Fees: A flat shipping fee of $5.00 CAD (plus applicable taxes) will be applied to each order. Delivery Times: We process orders within approximately 1-2 business days. Once processed, the estimated delivery timeframe is approximately 3-4 business days. These are estimates only and are not guaranteed. Delivery times may vary due to factors beyond our reasonable control, such as weather conditions, traffic, order volume, or supplier delays. We will endeavor to inform you of any significant delays. Delivery Process: You are responsible for providing accurate, complete, and current delivery information, including the recipient's name, full address (including unit number, if applicable), and a valid phone number. We will attempt to hand-deliver the Products to the recipient at the specified delivery address. If the recipient is not available at the time of delivery: Our delivery personnel will attempt to find a safe, secure, and weather-protected place to leave the order (e.g., front porch, with a concierge if permitted and accessible, or as per any specific delivery instructions you provide at checkout). If no such safe place is available, or if deemed unsuitable by our personnel, the order may be left at the customer's doorstep. Risk of Loss for Perishable Goods: Given the perishable nature of many of our Products, risk of loss, theft, damage, or spoilage transfers to you once the order has been delivered to the specified address, including when left unattended as described above. It is your responsibility to ensure that Products are promptly and properly refrigerated or stored upon delivery. We are not responsible for Products that are lost, stolen, damaged, or spoiled after delivery has been completed.
6. Returns, Refunds, and Quality Concerns
Perishable Goods: Due to the perishable nature of our Products (including honey, which we treat as perishable for policy purposes), all sales are final. We cannot accept returns or exchanges for perishable goods. Reporting Issues: Your satisfaction is important to us. If you have any concerns about the quality or condition of your order (e.g., if Products are damaged, incorrect, or missing), please contact us by email at info@onlinefarmersmarket.ca by the end of the delivery day on which you received your order. Please include your order number, a description of the issue, and photographic evidence to help us assess the situation. Refund/Credit Policy: For valid quality concerns reported within the specified timeframe and substantiated with required information (including photographic evidence), we may, in our sole discretion, offer a refund, store credit, or replacement for the affected Product(s). The resolution will be determined on a case-by-case basis. We do not offer refunds for issues not reported by the end of the delivery day, or for Products that have been improperly stored or handled after delivery. Non-Perishable Goods: All Products sold by onlinefarmersmarket.ca are treated as perishable for the purpose of this returns and refunds policy.
7. User Conduct / Prohibited Uses
As a condition of your use of the Website, you agree not to: Use the Website for any unlawful purpose or in any way that violates these Terms. Engage in any activity that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. Attempt to gain unauthorized access to the Website, other user accounts, or any computer systems or networks connected to the Website. Upload, post, transmit, or otherwise distribute any material that is defamatory, obscene, pornographic, abusive, harassing, threatening, fraudulent, or otherwise objectionable. Upload, post, transmit, or otherwise distribute any material that infringes on the intellectual property rights, privacy rights, or other rights of any third party. Use the Website to distribute viruses, malware, or other harmful software. Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission. Collect or harvest any personally identifiable information, including account names, from the Website. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Website and terminating or suspending access of such violators to the Website.
8. Intellectual Property
All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of onlinefarmersmarket.ca or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Website solely for the purposes of Browse Products and making purchases. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by onlinefarmersmarket.ca or its licensors, suppliers, publishers, rightsholders, or other content providers.
9. Disclaimers and Limitation of Liability
Website "As Is": THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY ONLINEFARMERSMARKET.CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ONLINEFARMERSMARKET.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. No Warranties: TO THE FULL EXTENT PERMISSIBLE BY LAW, ONLINEFARMERSMARKET.CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONLINEFARMERSMARKET.CA DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ONLINEFARMERSMARKET.CA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN ONTARIO AND CANADA, ONLINEFARMERSMARKET.CA (INCLUDING ITS OWNERS, EMPLOYEES, AGENTS, AND SUPPLIERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR FROM THE PURCHASE AND USE OF PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES), EVEN IF ONLINEFARMERSMARKET.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ONLINEFARMERSMARKET.CA IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY PRODUCT, OUR LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM. Consumer Protection: SOME JURISDICTIONS, INCLUDING ONTARIO UNDER THE CONSUMER PROTECTION ACT, 2002, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS IS INTENDED TO AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
10. Indemnification
You agree to indemnify, defend, and hold harmless onlinefarmersmarket.ca, its owner, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees and disbursements) arising out of or in any way connected with (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any rights of another, including any intellectual property rights; or (d) your violation of any applicable laws, rules or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by onlinefarmersmarket.ca, such as PayPal for payment processing. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that onlinefarmersmarket.ca shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
12. Modifications to Terms
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. For material changes, we may also notify you through other means, such as by email or a notice on our homepage.
13. Termination
We may terminate or suspend your access to all or part of the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account (if applicable), you may simply discontinue using the Website. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Governing Law and Dispute Resolution
These Terms of Service and any separate agreements whereby we provide you Products or services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Website or Products (collectively, "Disputes") will be resolved as follows: Informal Negotiation: The parties agree to first attempt to resolve any Dispute informally for at least thirty (30) days before initiating any formal legal proceeding. Informal negotiations commence upon written notice from one party to the other. Notices to onlinefarmersmarket.ca should be sent to the contact information provided in Section 15. Mediation: If the Dispute cannot be resolved through informal negotiation within thirty (30) days, the parties agree to endeavor to settle the dispute by mediation administered by a mutually agreed-upon mediator in Ottawa, Ontario, before resorting to litigation. The costs of mediation shall be shared equally between the parties, unless agreed otherwise. Court Proceedings: If mediation is unsuccessful, or if the parties mutually agree to waive mediation, you agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Ottawa, Ontario, and you hereby consent to the exclusive jurisdiction and venue of such courts.
15. Contact Information
If you have any questions about these Terms of Service, please contact us: By Email: info@onlinefarmersmarket.ca Via our Website's Contact Us page.
Last updated: October 27, 2025