These Terms of Service (“Terms”) form a binding agreement between you and MarketMates Technologies Inc. (“MarketMates,” “we,” “our,” or “us”). Please read them carefully before using the MarketMates platform.
Acceptance of Terms
By creating a MarketMates account, accessing our website at marketmates.ca, or using any MarketMates service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use MarketMates.
If you are using MarketMates on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you individually and the entity.
We may update these Terms from time to time. We will notify registered users by email of material changes at least 14 days before they take effect. Continued use of MarketMates after the effective date constitutes acceptance of the revised Terms.
Description of Service
MarketMates is a three-sided SaaS marketplace platform designed for the Canadian farmers market ecosystem. The platform connects:
Market Operators
Farmers market organizers who list their market, manage vendor applications, assign booths, and communicate with vendors.
Vendors
Local farmers, food producers, and artisans who apply to sell at markets, list products, and receive pre-orders.
Shoppers
Members of the public who discover local markets, follow vendors, and pre-order products for market-day pickup.
MarketMates is a technology platform and marketplace facilitator. We are not a party to transactions between operators, vendors, and shoppers. We do not guarantee the quality, safety, or legality of products sold by vendors, the accuracy of market listings, or the performance of any vendor or operator.
MarketMates may modify, suspend, or discontinue any feature or the entire service at any time with reasonable notice to registered users.
User Accounts and Responsibilities
Eligibility
You must be at least 18 years old and capable of forming a binding contract under the laws of Ontario, Canada to use MarketMates. By creating an account, you represent that you meet these requirements.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at legal@marketmates.ca if you suspect unauthorized access. MarketMates will never ask for your password by email.
Accurate Information
You agree to provide accurate, current, and complete information when creating your account and profile, and to keep that information up to date. Providing false or misleading information is grounds for account suspension.
Prohibited Conduct
You agree not to:
- Violate any applicable Canadian federal or provincial law
- Impersonate another person or entity
- Scrape, crawl, or extract data from MarketMates without written permission
- Attempt to gain unauthorized access to other accounts or our systems
- Use the platform to send spam or unsolicited commercial messages
- Post content that is defamatory, harassing, obscene, or fraudulent
- Circumvent or disable any security or access control features
- Use MarketMates to facilitate illegal transactions
Market Operator Terms
These terms apply to users who register as Market Operators.
Listing Requirements
- Your market listing must accurately represent the market you operate, including location, schedule, and fees
- You must have the legal authority to operate and represent the farmers market listed
- Market descriptions, photos, and event information must be truthful and current
- You must promptly update your listing to reflect closures, schedule changes, or other material changes
- You are responsible for complying with all municipal permits, zoning bylaws, and provincial regulations applicable to your market
Vendor Application Management
Operators may accept, reject, or waitlist vendor applications at their discretion, provided decisions do not violate the Canadian Human Rights Act or applicable provincial human rights legislation. Operators must process applications in a timely manner and communicate decisions through the platform.
Prohibited Content
Operators may not use the platform to:
- Discriminate against vendors based on race, gender, religion, national origin, disability, sexual orientation, or any other protected ground
- Charge vendor application fees outside of the MarketMates payment system
- List a market that does not exist or is not currently operational
- Solicit or collect personal information from vendors outside the platform
Vendor Terms
These terms apply to users who register as Vendors.
Product Requirements
- All product listings must accurately describe the product, including ingredients, allergens, and origin where relevant
- Prices listed must reflect the actual price at the market booth and in pre-orders
- Products sold at farmers markets must be your own produce, preparation, or craft — not reselling mass-produced goods unless permitted by the market
- Product photos must genuinely represent the item being sold
- You must promptly remove or update listings for products that are out of season, discontinued, or unavailable
Canadian Food Safety Compliance
Vendors selling food products are solely responsible for compliance with all applicable Canadian food safety laws and regulations, including but not limited to:
- The Safe Food for Canadians Act and Regulations (SFCR)
- Provincial food premises and cottage food regulations
- Municipal health and safety requirements for food vendors
- Allergen labelling requirements under the Food and Drug Regulations
- Any licensing or certification required by your province (e.g., Ontario Safe Food Handler certification)
MarketMates does not verify food safety compliance. Providing false compliance documentation is grounds for immediate account termination.
Insurance Requirements
Many farmers markets require vendors to carry commercial general liability insurance (typically $2 million per occurrence) before participating. Vendors are responsible for obtaining any insurance required by the markets they apply to and for keeping certificates up to date. MarketMates is not liable for losses arising from a vendor’s failure to maintain adequate insurance.
Pre-Orders
When a vendor enables pre-orders, they commit to having the ordered product available for pickup at the specified market date and location. Vendors are responsible for communicating cancellations or shortages to shoppers promptly and processing any applicable refunds.
Prohibited Goods
All operators and vendors agree not to list, offer, sell, or facilitate the sale of any item covered by our Prohibited Goods Policy, which is incorporated into these Terms by reference.
Prohibited categories include, but are not limited to:
- Tobacco, vaping products, and tobacco accessories
- Cannabis and cannabis-derived products (including CBD products making health claims)
- Prescription drugs, controlled substances, and non-prescription drugs sold without appropriate licence
- Weapons, prohibited devices, and replica firearms under the Criminal Code of Canada
- Products subject to an active Health Canada or CFIA recall or safety alert
- Counterfeit, grey-market, or trademark-infringing goods
- Multi-level marketing products and recruitment into pyramid schemes
- Alcohol, unless the operator holds a valid provincial permit and MarketMates has granted prior written approval
Violations may result in immediate listing removal, account suspension, or permanent termination at MarketMates’ sole discretion. MarketMates is not responsible for any loss arising from removal of listings that violate this policy. We reserve the right to update the Prohibited Goods Policy at any time; continued use of the platform after an update constitutes acceptance of the revised policy.
Shopper Terms
These terms apply to users who use MarketMates as Shoppers.
Pre-orders are for in-person market pickup only
MarketMates does not facilitate delivery. All pre-orders placed through MarketMates must be picked up in person at the specified farmers market on the specified market date. MarketMates is not responsible for products that are not picked up.
Pre-Order Terms
- Pre-orders are a commitment to pick up your order at the market. If you cannot attend, contact the vendor directly as early as possible.
- Pre-orders may be subject to market-day availability — vendors sell on a best-efforts basis and fresh produce can be affected by weather or supply.
- Payment for pre-orders is collected at the time of ordering.
- Refunds for pre-orders not picked up are at the vendor's discretion, unless the vendor fails to provide the item.
Product Quality and Safety
MarketMates does not inspect, certify, or guarantee the quality, safety, or fitness for purpose of any product sold by vendors. Shoppers purchase from vendors at their own risk. If you believe a product is unsafe, please report it to your local public health authority and contact us at legal@marketmates.ca.
Payment Terms
Stripe Connect
MarketMates uses Stripe Connect to process payments between shoppers and vendors. By using payment features on MarketMates, you agree to Stripe’s Connected Account Agreement, which includes the Stripe Services Agreement. Vendors must complete Stripe’s onboarding and identity verification to receive payouts.
Platform Fees
MarketMates charges a platform fee on transactions processed through the marketplace. Current fee rates are displayed during vendor onboarding and in your account settings. Fees are deducted from vendor payouts automatically by Stripe. MarketMates reserves the right to update fee rates with 30 days’ notice to affected vendors.
Refund Policy
Refund eligibility depends on the circumstances:
- Vendor cancels or cannot fulfil the order:
Full refund issued automatically
- Market is cancelled or rained out:
Full refund issued; check market-specific policy
- Shopper does not pick up the order:
Refund at vendor's discretion only
- Product quality dispute:
Contact vendor directly; escalate to legal@marketmates.ca if unresolved
Stripe’s standard chargeback and dispute process applies to all transactions. Platform fees are non-refundable except where MarketMates is at fault.
Taxes
Vendors are solely responsible for determining, collecting, and remitting all applicable Canadian sales taxes (GST/HST, QST, PST) on products they sell. MarketMates does not collect or remit tax on behalf of vendors. You should consult a tax professional regarding your obligations.
Intellectual Property
MarketMates IP
The MarketMates platform, including its software, design, trademarks, logos, and content created by MarketMates, is owned by MarketMates Technologies Inc. and protected by Canadian copyright and trademark law. You may not reproduce, distribute, or create derivative works from MarketMates’ intellectual property without our written consent.
Your Content
You retain ownership of content you submit to MarketMates (photos, descriptions, documents). By submitting content, you grant MarketMates a non-exclusive, royalty-free, worldwide licence to use, display, and distribute that content as necessary to operate the platform and provide the service. This licence ends when you delete your content or account.
User Content Standards
You warrant that content you submit does not infringe any third-party copyright, trademark, or privacy right, and does not contain defamatory, obscene, or illegal material. MarketMates may remove content that violates these Terms without notice.
Acceptable Use & Content Takedown
Acceptable Use
In addition to the prohibited conduct listed in User Accounts & Responsibilities, you agree not to use MarketMates to:
- Upload or share content containing malware, viruses, or harmful code
- Conduct coordinated inauthentic behaviour, including fake reviews, inflated follower counts, or misleading ratings
- Harass, threaten, or target other users in a manner that interferes with their use of the platform
- Use automated tools (bots, scrapers, crawlers) to interact with the platform without our prior written consent
- Reverse-engineer, decompile, or disassemble any part of the MarketMates software
- Circumvent rate limits, authentication mechanisms, or access controls
- List or represent a market or business you do not have legal authority to represent
- Use MarketMates in any way that could damage its reputation or undermine the trust of other users
Reporting Violations
If you believe content on MarketMates violates these Terms — including listings for prohibited goods, inaccurate market representations, or harassing material — please report it to legal@marketmates.ca with the subject line “Content Report.” Include the URL or listing name and a description of the concern.
Takedown Procedure
Upon receiving a content report, MarketMates will:
- 1.Acknowledge receipt within 2 business days
- 2.Review the reported content against these Terms and applicable law
- 3.Take appropriate action — which may include removing the content, suspending the account, or referring the matter to law enforcement
- 4.Notify the reporting party of the outcome within 10 business days where feasible
MarketMates may remove content or suspend accounts that we believe in good faith violate these Terms, without waiting for a formal report. We are not liable for any delay in or failure to act on a content report.
Account Suspension and Termination
MarketMates may suspend or terminate any account, with or without notice, for violations of these Terms, fraudulent activity, or conduct we determine in good faith poses a risk to the platform or its users. Fees outstanding at the time of termination remain payable. You may appeal a suspension by emailing legal@marketmates.ca within 14 days of the suspension notice.
Marketing Communications
MarketMates sends marketing emails only to users who have given express consent in compliance with Canada’s Anti-Spam Legislation (CASL). Consent is collected via an optional checkbox at account signup — it is never pre-checked and is separate from the required Terms acceptance. Shoppers signing up via a magic-link follow prompt are shown the same optional checkbox before the link is sent.
Transactional emails — including account confirmations, application status updates, payment receipts, and security notifications — are sent regardless of marketing consent and are necessary to provide the service.
You may withdraw marketing consent at any time by clicking “Unsubscribe” in any marketing email or by updating your preferences in account settings. For full details — including what we send, how we record consent, and how to exercise your rights — see the Marketing Communications section of our Privacy Policy.
Limitation of Liability
Disclaimer of Warranties
MarketMates is provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that the platform will be uninterrupted, error-free, or free of viruses. We make no warranty regarding the accuracy of market listings, vendor representations, or product quality.
Limitation of Liability
To the maximum extent permitted by Ontario law, MarketMates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the platform. Our total cumulative liability to you for any claims arising from these Terms or your use of MarketMates shall not exceed the greater of (a) the fees paid by you to MarketMates in the 12 months preceding the claim, or (b) CAD $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability. In such cases, our liability is limited to the greatest extent permitted by applicable law.
Indemnification
You agree to indemnify and hold harmless MarketMates and its officers, directors, and employees from any claims, damages, losses, or expenses (including legal fees) arising from your use of the platform, your content, your violation of these Terms, or your violation of any third-party right.
Governing Law
These Terms are 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 conflict of law principles.
Any dispute arising from these Terms or your use of MarketMates that cannot be resolved through good-faith negotiation shall be submitted to the exclusive jurisdiction of the courts of Ontario, Canada.
Severability
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.
Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and MarketMates regarding the platform and supersede all prior agreements.
Contact
MarketMates Technologies Inc.
Legal inquiries: legal@marketmates.ca
Privacy inquiries: privacy@marketmates.ca
See also: Privacy Policy.