Terms of Service

1. Who we are

FreshFleet provides infrastructure for the produce trade, coordinating freight, cold storage, quality control, insurance, customs and tracking through a single connected platform for produce buyers and sellers. FreshFleet arranges and coordinates these services; certain services are performed by vetted third-party providers such as carriers, warehouses, inspectors and insurers.

2. Membership and eligibility

FreshFleet is a private, vetted network. Access is granted by application and approval. You must be at least the age of majority in your jurisdiction and have authority to enter into these Terms on behalf of the business you represent. We may accept or decline any application, and may suspend or revoke access, at our discretion.

You are responsible for your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.

3. Acceptable use

You agree not to:

• Use the Services for any unlawful, fraudulent or harmful purpose;
• Misrepresent product, counterparties, documentation or shipment details;
• Interfere with, disrupt or attempt to gain unauthorized access to the Services or related systems;
• Resell, sublicense or provide access to the Services to anyone outside your organization without our consent.

4. Bookings, quotes and payment

Quotes and available capacity are indicative until confirmed. When you place a booking, you authorize FreshFleet to arrange the requested services and agree to the applicable rates, fees and charges. Invoices are due on the terms stated at the time of booking or in your account. Late amounts may accrue interest and may result in suspension of Services.

5. Shipments, handling and third-party providers

You are responsible for accurately describing your product, its handling and temperature requirements, and for providing required documentation. Where services are performed by third-party providers, those services may also be subject to the provider’s terms. FreshFleet coordinates and oversees these services but does not guarantee the acts or omissions of independent providers except as expressly stated.

6. Insurance and claims

Cargo and spoilage coverage may be available for eligible shipments. Coverage, limits and exclusions are set out in the applicable policy or booking. Claims must be reported promptly and in accordance with the claims process communicated to you.

7. Warranties and disclaimers

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, FreshFleet disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.

8. Limitation of liability

To the fullest extent permitted by law, FreshFleet will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or goodwill. Our aggregate liability arising out of or relating to the Services will not exceed the fees paid by you to FreshFleet for the specific service giving rise to the claim in the three months preceding the event.

9. Indemnification

You agree to indemnify and hold harmless FreshFleet and its providers from claims, losses and expenses arising out of your use of the Services, your product or documentation, or your breach of these Terms.

10. Intellectual property

The Services, including all software, content and trademarks, are owned by FreshFleet or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes, subject to these Terms.

11. Suspension and termination

We may suspend or terminate access to the Services at any time for breach of these Terms, risk to the network, or as required by law. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.

12. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated through the Services or by email. Your continued use after changes take effect constitutes acceptance.

13. Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles, and the courts located there will have jurisdiction, except where mandatory local law provides otherwise.