Terms of Use

These Terms of Use ("Terms") govern your access to and use of Lemon Tree, the website, mobile apps and related services (together, the "Service") that help people find local roadside stalls, honesty boxes and backyard sellers, and help sellers share what they have to sell.

The Service is operated by Lemon Tree ("Lemon Tree", "we", "us" or "our"). By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service. Our Privacy Policy explains how we handle your personal information.

Lemon Tree is a discovery directory, not a shop. We are not the seller of any produce on the Service and we are not a party to any sale between a buyer and a seller. Please read section 8 carefully.

1. Who can use Lemon Tree

You must be at least 16 years old to use the Service. If you are under 18, you need the permission of a parent or guardian, and a parent or guardian must agree to any paid subscription for you. If you use the Service on behalf of a household, stall or business, you confirm that you are authorised to accept these Terms for them.

2. Your account

You sign in with Google or Apple. We do not store a password for you. You are responsible for keeping access to your sign-in method secure and for all activity under your account.

• Give accurate information and keep it up to date.
• Do not share your account or let anyone else use it to impersonate you.
• Tell us promptly if you believe someone has used your account without your permission.

You can delete your account at any time from your profile in the app.

3. Using the Service responsibly

When you use Lemon Tree, you agree that you will not:

• break any law, or infringe anyone's rights (including privacy and intellectual property rights);
• post content that is false, misleading, offensive, harassing, or that you do not have the right to share;
• list produce or goods that are unsafe, illegal to sell, or that you are not permitted to supply where you live (for example, alcohol, certain regulated foods, or items subject to biosecurity controls);
• misrepresent a stall's location, availability, prices or ownership, or add stalls that are not genuine;
• post fake reviews, review your own stall or a competitor's, or offer or accept anything in return for a review;
• collect other people's personal information, send spam, or use the Service to advertise unrelated products or services;
• interfere with, scrape, overload, or try to gain unauthorised access to the Service or its systems; or
• use the Service to stalk, threaten or endanger anyone, or to trespass on private property.

When you visit a stall you found through Lemon Tree, respect the seller's property, follow any instructions at the stall, and use good judgement about your own safety.

4. Running a stall

If you add or claim a stall as its operator, you are the "seller" for that stall. You are responsible for the stall and for anything you sell or share through it. You confirm that:

• you own or have permission to operate the stall at the location you give;
• its details, including produce, prices, availability, photos and description, are accurate and kept reasonably current;
• your produce is safe and lawful to supply, and you comply with the food safety, labelling, tax and local council rules that apply to you; and
• you handle payment (including honesty boxes and other self-serve arrangements), refunds and any disputes with buyers.

To claim a stall that someone else tagged, you show us a photo of a code we give you, taken at the stall, and we check it. Claiming a stall that another seller already runs asks that seller to prove it is theirs too. You must be telling the truth: a false claim, such as a photo that is edited, taken somewhere else or not of your own code, can lose you your account.

We may review stalls, and we may decline, hide or remove a stall that appears to breach these Terms or the law, or that makes the Service less trustworthy. If we remove a stall you run, we will tell you why where we reasonably can, and you can ask us to reconsider. Our approval is not an endorsement or a guarantee that a stall or its produce meets any standard.

5. Seller subscription

Finding, following, tagging and updating stalls is free. Running your own stall on Lemon Tree, including posting Updates, showing products and prices and seeing stall insights, needs a seller subscription.

• Price. The price, including any tax, is shown in the app before you subscribe.
• Billing. You subscribe through the App Store or Google Play, which take payment under their own terms. We never see your payment details.
• Renewal. Your subscription renews every month until you cancel.
• Cancelling. Cancel any time in your App Store or Google Play settings. Your subscription stays active until the end of the period you have paid for. Deleting your Lemon Tree account does not cancel it, so cancel it in the store too.
• Refunds. Refund requests are handled by the App Store or Google Play under their policies. This does not limit any rights you have under consumer law.
• When a subscription ends. Your stall stays on Lemon Tree, but you cannot change it or post Updates until you subscribe again. Other people can still tag it and share what they see there.
• Price changes. If the price changes, you will be told in advance through the App Store or Google Play, and you can cancel before the new price applies.

6. Tags, reviews, comments and Updates

Anyone can tag a stall they find and share what they see there. Reviews, comments and Updates must reflect your own honest, first-hand experience. We may use automated tools to check new content for harmful material, and we may edit, hide or remove content that breaches these Terms.

If you run a stall that someone else tagged, you can claim it in the app to manage it (see section 4), or contact us to ask for it to be removed.

7. Your content

You keep ownership of the content you submit, including stall details, photos, Updates, reviews and comments ("Your Content"). By submitting Your Content, you give us a non-exclusive, worldwide, royalty-free licence to host, store, copy, adapt (for example, to resize images), publish and display it to run, promote and improve the Service. This includes showing stall photos and details in the app, on our website and in our own promotion of Lemon Tree. The licence continues while Your Content is on the Service and for a reasonable period afterwards for backups and legal compliance.

You are responsible for Your Content and confirm you have the rights needed to give this licence. Do not upload photos of identifiable people without their consent. Tags and photos you add to a stall stay with the stall if its seller later claims it.

8. Sales between buyers and sellers

Lemon Tree helps buyers and sellers find each other. Any sale, swap or gift of produce is solely between the buyer and the seller. We are not a party to it, we do not process payments for produce, and we take no commission on sales.

• We do not guarantee the quality, safety, availability, legality or accuracy of any produce or stall.
• We are not responsible for prices, payment, pick-up, refunds, or any dispute between a buyer and a seller.
• Any consumer guarantees that apply to a sale under the law where the seller and buyer are located are the seller's responsibility.

9. Following and notifications

You can follow stalls and receive their Updates. You can unfollow a stall at any time, and manage notifications in the app or in your device settings.

10. Our intellectual property

The Service, including the Lemon Tree name, logo, design, text and software, is owned by us or our licensors and is protected by law. We give you a limited, personal, non-transferable, revocable licence to use the Service for its intended purpose. You may not copy, modify, distribute, sell or reverse engineer any part of the Service except as the law allows.

11. Third-party services

Some parts of the Service are provided by others, and your use of them may also be subject to their terms. These include signing in with Google or Apple, subscribing through the App Store or Google Play, and maps and place search from Google Maps. By using maps in the Service you also agree to the Google Maps Terms of Service. We are not responsible for third-party services or websites.

12. Availability and changes

We are still growing, and we may add, change or remove features. We try to keep the Service available, but we do not promise it will be uninterrupted or error-free, and we may carry out maintenance without notice.

13. Disclaimers

To the extent the law allows, the Service and its content are provided "as is" and "as available", without warranties of any kind. We do not warrant that stall details are accurate, that stalls are open, or that produce is available or fit for any purpose.

Nothing in these Terms limits rights you have under consumer protection laws that cannot lawfully be excluded, such as the New Zealand Consumer Guarantees Act 1993 or the Australian Consumer Law.

14. Limitation of liability

To the extent the law allows, Lemon Tree and its people are not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, data, goodwill or opportunity, arising from your use of the Service, any stall, or any dealing with another person. Where our liability cannot be excluded but can be limited, our total liability to you is limited to the greater of NZD $100 and the subscription fees you paid us in the 12 months before the claim.

15. Indemnity

You agree to cover Lemon Tree for claims, losses and reasonable costs that arise from Your Content, or from your breach of these Terms or of the law, except to the extent they were caused by us.

16. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or close your account if you seriously or repeatedly breach these Terms, if you make a false claim to a stall, if it is needed to protect the Service or other people, or if the law requires it. Where we reasonably can, we will tell you why and give you a chance to respond. Sections that by their nature should continue after your account ends, including licences already given, disclaimers, limits of liability and the indemnity, continue to apply.

17. Changes to these Terms

We may update these Terms from time to time. Before a material change takes effect, we will give you reasonable notice in the app or by email, and update the date above. If you do not agree to the change, you can stop using the Service, delete your account and cancel any subscription. If you keep using the Service after the change takes effect, the updated Terms apply.

18. Governing law

Lemon Tree is based in New Zealand. These Terms are governed by New Zealand law, and you agree to the non-exclusive jurisdiction of the New Zealand courts. This does not remove any protection you have under the mandatory laws of the country where you live, or your right to bring proceedings there where the law allows it.

19. Contact us

Questions about these Terms? Use our contact form.