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Terms of Service – Merchants
Welcome to Caribshopper. We’re glad you’re here. Please read on to learn the rules, restrictions, and guidelines that govern your use of our website(s), our mobile apps, products, services, and other applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected].
Accepting These Terms
This contract sets out your rights and responsibilities when you use our Services. Your using the Services in any way means that you are agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Caribshopper reserves the right, to change, modify, or remove portions of these Terms at any time. Changes will be effective when posted on the Caribshopper site and may have no other notice provided.
Caribshopper’s Services connect people around the world, both online and offline, to produce, sell, and buy unique Caribbean-made goods. This guide will help you understand the specific rules that are relevant for you, depending on how you use the Services.
Both Caribshopper and our merchants process buyers’ personal information (e.g. buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under law. That means that each party is responsible for the personal information it processes in providing the Services. If, however, Caribshopper and sellers are found to be joint data controllers of buyers’ personal information, and if Caribshopper is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Caribshopper for the expenses it occurs in connection with your processing of buyer personal information.
Your Account with Caribshopper
- You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. We do not knowingly collect or solicit personally identifiable information from children under 13 and they are not permitted to use Caribshopper or the Services. You are responsible for any and all account activity conducted by a minor on your account.
- You may be required to sign up for an account, and select a password and username (“Caribshopper Merchant ID”). You promise to provide us with honest, accurate, complete, and updated registration information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. That means you may not select a name that you don’t have the right to use, or another person’s name or company with the intent to impersonate that person or company as your Caribshopper Merchant ID. You may not transfer your account to anyone else without our prior written permission. Your Caribshopper Merchant ID may not include language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. During the registration process you agree to receive promotional emails from Caribshopper. You may unsubscribe at any time by clicking the link at the bottom of any promotional email or sending an email to [email protected].
- You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re agreeing to these Terms on behalf of an organization or business entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You agree to keep your account password and other account identifiers safe and secure. You must notify us at [email protected] if there is any unauthorized use of your password or account. Caribshopper will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
- Please keep in mind that these Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Caribshopper.
Content that you post using our Services is your content (“Your Content”). We don’t make any claim to it, which includes anything you post using our Services (e.g. your store name, profile pictures, product/listing photos, product/listing descriptions, reviews, comments, videos, usernames, etc.).
- You understand that you are solely responsible for Your Content and represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- By posting Your Content through our Services, you grant Caribshopper a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Caribshopper function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your store.
- By posting Your Content, you grant Caribshopper a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Caribshopper, your Caribshopper store, or the Services in general, in any formats and through any channels, including across any Caribshopper Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
- Caribshopper has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at [email protected]. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you in writing if any of that happens.
- You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not sell anything that violates any laws; you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Caribshopper, another Caribshopper user, or a third party.
- You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services or Content (through use of manual or automated means); If you want to use our API, please contact us at [email protected]. You also agree not to interfere with or try to disrupt our Services, (e.g. by distributing a virus or other harmful computer code).
- The name “Caribshopper” and the other Caribshopper marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Caribshopper in the US and other countries.
- Caribshopper will provide you with certain legal information in writing. By using our Services, you’re agreeing to receive information electronically and that your electronic agreement is the same as your signature on paper.
- You may terminate your account with Caribshopper at any time from your account settings or by contacting us at [email protected]. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, (e.g. to sell or buy on our websites or mobile apps). Caribshopper may refuse service to anyone, at any time, for any reason. If you or Caribshopper terminate your account, you may lose any information associated with your account, including Your Content.
Caribshopper reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Caribshopper aims to ensure accessibility to the website at all times, however we make no representation of that nature and reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance, or factors beyond our control.
We reserve the right to charge for certain or all Services. We will notify you before any Services you are using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
As a Caribshopper merchant, you agree to make every reasonable effort to produce, package, and process your buyers’ orders in a timely and professional manner.
- Processing time: When you receive an order in your store, you agree to deliver the goods to a designated Caribshopper drop-off location within 48 hours. We reserve the right to store and inspect any of the items sold through our Services. Please note, items may be repackaged by Caribshopper and may not arrive in the original merchant box or packaging.
- Shipping time: You understand that the estimated shipping time can be affected by your inability to process your orders correctly.
- Payment-Processing: As a merchant, your store may securely accept customer payments through international credit and debit cards, PayPal, Google Wallet, and Apple Pay. You agree to submit honest and accurate financial information to receive your payments from us. Automatic deposit of your funds may be affected or delayed due to inaccurate financial information. We will not be liable to you for the effect that any changes to the Services or your failure to comply may have on you, including your income or your ability to generate revenue through the Services.
- Returns and Exchanges: If a buyer issues a quality complaint for goods received from your store, you will be held completely responsible for any costs associated with the refund or exchange of the goods. Every attempt will be made to assist you in resolving these disputes, however, we will not be held liable for buyers that may file a case against you in certain circumstances where unsatisfactory goods are a concern.
If a buyer issues a damaged-goods complaint for goods received from your store as a result of transit, we will confirm the same and determine if a refund or replacement is necessary and act accordingly. We may determine that there are certain items that are not eligible for return or exchange.
If a buyer issues a customer-service related complaint regarding goods listed in your store, you agree to assume a maximum of 50% of the responsibility to best settle the dispute, whether by refund or exchange.
Complaint handling processes shall be provided free of charge. However, we may impose a reasonable charge for complaint handling processes where investigations of the complaints require the retrieval of records of more than 12 months old and where such retrieval results in any incremental expense or significant inconvenience, or where there is physical damage. Any such charges shall be identified, communicated, and agreed with you before we invoice you for it.
We will treat any information concerning any complaint or compliance in confidence and we will not disclose it to anyone, except or in accordance with, any instruction you have given us. However, there are circumstances in which we may be required by law to disclose information. Such requests typically come from statutory authorities, (e.g. Customs and Law Enforcement). Any such disclosure will be strictly controlled and made fully in accordance with governing laws.
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, on the Caribshopper Site and application, information content on Caribshopper the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, all software compilations, underlying source code and software shall remain at all times vested in us or our licensors.
Use of such material will only be permitted as expressly authorized by our licensors or us. Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Limitation of Liability
The items in our marketplace are produced and listed by you and Caribshopper cannot and does not make any warranties about their quality, safety, or even their legality. Any buyer’s legal claim related to an item purchased in your store must be brought directly against you, the seller of the item. You release Caribshopper from any claims related to items sold through our Services, including for defective items, misrepresentations by you, or items that caused physical injury (e.g. product liability claims).
If Caribshopper gets sued because of something that you did, you agree to defend and indemnify us to the fullest extent allowed by applicable law.
- You agree to defend Caribshopper (including any of our affiliates, officers, agents, employees, and partners) and hold us harmless from any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any of your actions or those taken by a third party using your account), (b) your violation of these Terms, or (c) your account’s infringement of someone else’s rights.
- In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice will not eliminate or reduce your indemnification obligations hereunder). We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
- You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Caribshopper’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
- Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Sale will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Miami, Florida, in English and governed by Laws of the United States pursuant to the Federal Arbitration Act Title 9, US Code, Section 1-16 as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and is independent of either party. Notwithstanding the foregoing, Caribshopper reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
- You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Caribshopper may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Caribshopper agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Caribshopper, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Caribshopper, and you do not have any authority of any kind to bind Caribshopper in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Caribshopper agree there are no third party beneficiaries intended under these Terms.
If you find yourself in a dispute with another user, merchant, third party of Caribshopper’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Merchants and Buyers who are unable to resolve a dispute related to a transaction on our website or mobile apps may participate in our case system. Caribshopper will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Caribshopper has no obligation to resolve any disputes. You release Caribshopper from any claims, demands, and damages arising out of disputes with other users or parties.
If you find yourself in a dispute with us, these rules will govern any legal dispute involving our Services:
- These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the United States. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts in the United States and to waive any objections based upon venue.
- The Terms are governed by the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- You and Caribshopper agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Caribshopper are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
We may update these Terms from time to time. That means we may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Caribshopper regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Caribshopper will regularly update its site to reflect accurate comprehensive, up-to-date information of our service offerings.We will respond in a timely manner to merchant and buyer requests for information as it relates to our Services (e.g. published flyers, emails, text messages, handbills, publication on our online portals, social media, or requests). Inquiries and queries shall be dealt with at our offices and outlets as well as the company website.
When we need to contact you, we will use your email address as the primary mode of communication.
If you have any questions about the Terms, please email us at [email protected].