1 · Who these terms are with
These terms are an agreement between you and Only Local Co., a Texas limited liability company at 2726 Bissonnet St, Ste 240 #2187, Houston, TX 77005 ("Only Local Co.", "we", "us"). They apply whenever you use our website, our mobile app, or any part of our service.
By creating an account or placing an order you accept these terms. If you do not accept them, do not use the service.
You must be at least 18 years old and able to enter a binding contract.
2 · What Only Local Co. is, and what it is not
Only Local Co. is a marketplace. We bring producers and customers together and handle the storefront, the payment, and the coordination of delivery.
We act as a disclosed agent for the seller. This is the most important sentence in this document and it is not boilerplate:
- We never take title to any product. The food never becomes ours. It passes directly from the seller to you.
- We do not warehouse, store, repack or relabel anything.
- We do not buy for resale.
- The contract of sale for any product is between you and the seller. We facilitate it and process the payment on the seller's behalf.
We are not a food establishment, a restaurant, a grocer, a distributor, or a common carrier.
3 · Accounts
Give accurate information and keep it current. Keep your password to yourself; you are responsible for what happens under your account. Tell us at once if you think someone else has access.
One person, one account. We may suspend or close an account that breaks these terms, that we reasonably believe is being used fraudulently, or where a seller or driver has lost a licence, permit or insurance that their category requires.
You can delete your account at any time from Profile → Delete my account. Some records are kept afterwards where the law requires it; our Privacy Policy explains exactly which and for how long.
4 · If you buy
Placing an order
Prices, availability and delivery options are set by the seller and shown before you pay. An order is an offer to buy; it is accepted when the seller confirms it. If a seller cannot fulfil an order, we cancel it and refund you in full.
What you pay
| Line | What it is |
|---|---|
| Product subtotal | Set by the seller. |
| Delivery fee | Quoted for your actual order. On a delivery carried by an Only Local Co. driver we keep none of it — it goes to that driver. Where a seller or a delivery partner carries the order with their own driver, the delivery fee is settled with them under their own agreement. Pickup is always free. |
| Small order fee | $2.00 on delivery orders under a $20 subtotal only. Never on pickup. The app always shows how much more you would need to add to remove it. |
| Payment processing | Recovers the card and payout fees charged on the pass-through part of your basket. Identical whichever payment method you use. |
| Sales tax | Collected where the law requires. In Texas we are a marketplace provider under Tex. Tax Code §151.0242 and collect and remit on qualifying sales. Oregon has no sales tax. |
| Tip | Optional. 100% goes to your driver. We take nothing from it. |
Preorders and seasonal items
Some products are sold before they exist — a crop still growing, an animal not yet processed, a commissioned piece. Where an item has an availability date it is shown before you order. Preorders may carry a deposit; the balance is taken when the item is ready. If a season fails or a maker cannot deliver, you are refunded in full. Nature is not a guarantee and neither are we.
Cancellations, refunds and problems
You can cancel before a seller begins preparing your order. After that, cancellation depends on the seller and on whether the food can still be sold.
If an order arrives wrong, damaged, short, or in poor condition, tell us within 48 hours and we will put it right — a refund, a credit, or a replacement, whichever fits. We will not make you prove your case before we listen to it. Perishable food is judged on what arrived, not on what a policy says should have.
5 · If you sell
Your goods, your prices, your responsibility
You set your own prices and control your own listings. You keep the relationship with your customer.
You are responsible for what you sell. Specifically, you confirm that:
- You hold every licence, permit, registration and certification your product, your category and your state require, and you will keep them current.
- Everything you sell is produced, handled, labelled and stored lawfully.
- Your listings are accurate — including ingredients, allergens, weights, and any claim such as organic, grass-fed, raw or gluten free.
- You have the right to use every photograph and every word you upload.
Compliance is enforced, not assumed
Certain categories require documents before you can sell or before you can deliver. We verify them. If a document expires or is withdrawn, the affected listings pause automatically rather than quietly falling out of compliance.
Cottage food rules differ by state and we enforce the difference in software. In Oregon, ORS 616.723(4) permits sale directly to the end user in any manner, and a current food handler card is a condition of the exemption itself. In Texas, HSC 437.0194(b)(1) permits delivery of an internet order only by the operator, their employee, or a member of their household — so a Texas cottage food operation sells through Only Local Co. for pickup or its own delivery, not by our drivers. We apply these rules to your account based on your state and category. We do not give you legal advice and you remain responsible for your own compliance.
Commission and payment
We charge a commission on completed orders and nothing else. No monthly fee, no listing fee, no setup fee, no contract, no exclusivity, and no minimum. The published range is 5% to 20% by category; some categories are tiered so that a larger order carries a lower effective rate. Your exact rate and any tiers are shown to you before you list anything and are itemised on every order.
Payouts are made through Stripe directly to your account, under Stripe's own agreement with you. You are responsible for your own taxes.
Seller self-delivery
Where your category and state permit it, you may deliver your own orders. You set your own fee and radius, and you keep that fee in full — we take no commission on it. You are responsible for delivering safely and lawfully.
6 · If you drive
You are an independent contractor, not an employee, and we mean it operationally rather than only on paper. You set your own schedule. You choose which deliveries to accept and which to decline. You pick your own routes. You may drive for other platforms at the same time. We do not control the manner or means of your work.
Because of that, you are responsible for your own vehicle, fuel, insurance, licensing and taxes, and for obeying every traffic and food-transport law that applies to you.
You see the payout and the distance for every job before you accept it, and it does not change afterwards. You receive 100% of every customer tip.
We do not advertise an hourly rate and we do not guarantee one. What you earn depends on the market, the day, demand, and which jobs you choose to accept.
You must hold a valid driving licence, current vehicle insurance and registration, and you must complete any background check we require before accepting your first delivery.
7 · Content you post
You keep ownership of your photographs, descriptions, reviews and posts. You give us a non-exclusive, worldwide, royalty-free licence to display and promote them in connection with the service. You can end that licence by removing the content.
Do not post anything unlawful, misleading, abusive, infringing, or that impersonates someone else. We may remove content and suspend accounts for it. Every listing and post can be reported inside the app.
8 · Things we do not promise
We work hard on this and we still cannot promise the service will be uninterrupted or error-free.
The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not produce the food. The seller is responsible for the safety, quality, labelling and legality of what they sell. Nothing here limits your rights against a seller, and nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
To the fullest extent the law allows, our total liability to you for any claim connected with the service is limited to the greater of the amount you paid through Only Local Co. in the three months before the claim, or one hundred dollars.
9 · Disputes
Come to us first. Email support@onlylocalco.com and tell us what happened. Almost everything is resolved this way, and we would rather fix a problem than win an argument about it.
These terms are governed by the laws of the State of Texas, without regard to conflict of laws rules. Any dispute that cannot be resolved between us will be brought in the state or federal courts located in Harris County, Texas, and we each consent to the jurisdiction of those courts.
10 · Changes
We may update these terms. If a change is material we will tell you in the app or by email before it takes effect, rather than quietly changing the date at the bottom. Continuing to use the service after a change means you accept the updated terms.
11 · The rest
If any provision is held unenforceable, the rest stands. Our not enforcing something is not a waiver of it. You may not transfer these terms; we may transfer them to a successor of the business. These terms and the Privacy Policy are the entire agreement between us about the service.