Terms and Conditions of Use

Effective Date: January 1, 2024
Last Updated: January 13, 2026
Governing Law: United Mexican States (Mexico)

IMPORTANT LEGAL DISCLAIMER

This platform operates solely as an intermediary venue facilitating connections between independent buyers and sellers. We do not participate in, guarantee, or assume liability for any transactions between users.

1. ACCEPTANCE OF TERMS

By accessing or using the Fresh Berries Marketplace platform ("Platform"), operated by Alpe Fresh S.A. de C.V., a company duly incorporated under the laws of Mexico with RFC AFR160225GW6, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Platform.

2. PLATFORM ROLE - VENUE ONLY

2.1 No Participation in Transactions

The Platform functions exclusively as a neutral venue where independent parties may connect to negotiate and conduct transactions. We explicitly:

  • Are NOT a party to any transaction between users
  • Do NOT buy, sell, broker, or ship any products
  • Do NOT handle, process, or hold transaction funds
  • Do NOT guarantee any transaction will be completed
  • Do NOT verify the accuracy of listings or user information
  • Do NOT endorse any user, product, or transaction

2.2 User Relationships

All transactions are solely between buyers and sellers. The Platform has no control over and assumes no responsibility for the quality, safety, legality, or availability of products, the ability of sellers to complete sales, or the ability of buyers to complete purchases.

3. COMPREHENSIVE LIABILITY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE PLATFORM, ITS OWNERS, OPERATORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:

  • Any transaction or attempted transaction between users
  • Product quality, condition, safety, or legality
  • Accuracy, completeness, or timeliness of listings or user information
  • Non-delivery, wrong delivery, or delayed delivery of products
  • Payment disputes, chargebacks, or financial losses
  • Product recalls, contamination, or regulatory actions
  • Loss of profits, business, data, or goodwill
  • Breach of contract or warranty by any user
  • Acts or omissions of third parties, including shipping companies
  • Force majeure events including weather, natural disasters, or pandemics

4. USER RESPONSIBILITIES AND WARRANTIES

4.1 Due Diligence

Users acknowledge and agree that they are solely responsible for:

  • Conducting appropriate due diligence on transaction counterparties
  • Verifying product quality, specifications, and compliance
  • Ensuring all listings and communications are accurate and not misleading
  • Complying with all applicable laws and regulations

4.2 Regulatory Compliance

Users are solely responsible for compliance with:

  • Import/export regulations and customs requirements
  • Food safety standards (FDA, SENASICA, etc.)
  • Phytosanitary certificates and agricultural regulations
  • PACA (Perishable Agricultural Commodities Act) requirements if applicable
  • Tax obligations in all relevant jurisdictions
  • Anti-money laundering and sanctions laws

5. CROSS-BORDER TRANSACTION DISCLAIMER

INTERNATIONAL TRANSACTION NOTICE

This Platform is operated from Mexico. Users engaging in cross-border transactions do so at their own risk and are responsible for compliance with laws of their jurisdiction and the jurisdiction of their counterparty.

5.1 No Legal Advice

The Platform does not provide legal, tax, or regulatory advice regarding cross-border transactions. Users should consult qualified professionals regarding international trade requirements.

5.2 Currency and Payment

All payment terms are between buyers and sellers. The Platform does not process payments or provide currency conversion services. Users assume all foreign exchange risk.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Platform, its owners, operators, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Platform
  • Your transactions with other users
  • Your violation of these Terms
  • Your violation of any law or third-party rights
  • Any content you post or transmit through the Platform

7. DISPUTE RESOLUTION

7.1 User-to-User Disputes

The Platform is not obligated to mediate disputes between users. All disputes regarding transactions must be resolved directly between the parties involved.

7.2 Platform Disputes

Any dispute between you and the Platform shall be resolved through binding arbitration in accordance with the rules of the Centro de Arbitraje de México (CAM), with proceedings conducted in Mexico City, Mexico, in the Spanish language.

8. PERISHABLE GOODS DISCLAIMER

NOTICE REGARDING PERISHABLE PRODUCTS

This Platform facilitates transactions in perishable agricultural products. The Platform assumes no responsibility for product spoilage, deterioration, contamination, or loss due to delays, improper handling, or any other cause.

9. DATA AND PRIVACY

Use of the Platform is also governed by our Privacy Policy. By using the Platform, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

10. INTELLECTUAL PROPERTY

All Platform content, features, and functionality are owned by the Platform operator and are protected by Mexican and international copyright, trademark, and other intellectual property laws.

11. ACCOUNT TERMINATION

We reserve the right to suspend or terminate your account at any time, with or without cause or notice. Upon termination, your right to use the Platform will immediately cease.

12. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

13. LIMITATION OF LIABILITY CAP

IN NO EVENT SHALL THE PLATFORM'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS LESS.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the United Mexican States, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts located in Mexico City, Mexico.

15. SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Platform regarding the use of the Platform and supersede all prior agreements and understandings.

17. U.S. SPECIFIC DISCLAIMERS

FOR USERS IN THE UNITED STATES

  • The Platform is not a PACA licensed dealer, broker, or commission merchant
  • Users must independently verify PACA trust protection eligibility
  • The Platform does not provide Blue Book or other credit rating services
  • FDA food safety compliance is solely the user's responsibility
  • State-specific agricultural regulations may apply to your transactions

18. CONTACT INFORMATION

For questions about these Terms, please contact us at:
Alpe Fresh S.A. de C.V.
Email: notificaciones@alpefresh.app
Address: Mandarina 1589-A, Col. Jardines de la Cruz
Guadalajara, Jalisco, Mexico 44950
RFC: AFR160225GW6

ACKNOWLEDGMENT

BY USING THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT THAT MAY BE ENFORCED AGAINST YOU.