The following terms set out the relationship between Yabdab Inc, owner of the Cartloom.com website and service, ("Cartloom","us","we","our") and you ("you","your"). Cartloom provides buyers and sellers (referred to as, respectively, "buyers" and "sellers" and, together, "users") with an ecommerce platform (the "site","service") that enables the sale and purchase of goods both physical and digital via a link. By using our website you agree to be legally bound by these terms, which shall take effect immediately on your first use of our website. If you do not agree to be legally bound by all the following terms please do not access and/or use our website.
This Website is not intended for children under 18 years of age. If you are under 18, you are not authorized to use this Website and will not be afforded access to any features of this Website that allow for you to transace with us or other users or to share information with other users of this Website. Cartloom also makes available to sellers optional add-on software for third party applications "Apps". By installing or utilizing "Apps" provided by Cartloom you agree to these terms.
We reserve the right to modify these Terms and Conditions at any time without notice. The latest version of these Terms and Conditions will always be available via the Service and you are expected to check for updates to these Terms and Conditions each time you use the Service. Modifications and additions to the Service itself are also subject to these Terms and Conditions. Your continued use of the Service after these Terms and Conditions or the Service have been modified will constitute your acceptance of any change. If you do not agree to these terms, you may not access this site or use the services.
Our agreement with you does not create a partnership, agency, employment or other relationship between you and us.
Cartloom provides a venue to connect members who want to buy and sell items or to advertise and find services and digital goods. Cartloom does not take any part in the sale of items other than by providing our Website as a venue for users. If a transaction is completed by a buyer, a contract of sale will be formed between the buyer and the seller directly. Cartloom does not act as agent for either party and does not participate in any sale or transaction between buyers and sellers.
Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that Cartloom takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Cartloom gives no undertakings, representations, or warranties in relation to items sold via Cartloom including; about ownership of any item; as to the content, safety, description, worthiness, quality, or legality of the items or services that are listed on the Website; as to the accuracy or truth of seller's listings; that any item, or service will meet your requirements or expectations; or about the ability of members to complete a transaction, including credit card transactions.
Certain types of items and services may not be offered for sale via Cartloom. You agree that the decision as the whether any product falls within any of these categories will be made by us, acting reasonably. The following are prohibited:
All sales via our site or services are deemed to occur in the United States and you, when you act as a seller, agree that that sale is governed exclusively by the laws of the state of Georgia, USA.
When selling, you are responsible for all applicable taxes that arise from your sale, including issuing a tax invoice if applicable. Cartloom provides you tools to estimate and help report your EU VAT liabilities for sales. It is your responsibility to report your EU VAT liabilities for all eligible sales direct to the appropriate tax authority. Cartloom is not a marketplace, when a transaction occurs, the contract of sale is directly between the buyer and seller. It is your responsibility to ensure that goods and services are delivered / provided to the buyer at the agreed sale price.
When selling, you will not provide inaccurate or false information to Cartloom or to prospective buyers and you must promptly notify us if any previously supplied information becomes inaccurate, false or misleading. This includes legal business name, telephone number, email address, physical address and any other information pertaining to the identity and location of the seller.
When selling, you may only offer allowed adult orientated products such as alcohol via our services if you comply with all applicable laws, regulations and industry codes, including, but not limited to, restricting the content to age verified users, and ensuring the products and services are not procured by persons under the legal age for purchase. You must not download software or install or execute any code on to a user’s system without the consent of that user.
When selling you must make clear to prospective buyers any limitations or restrictions that apply.
When selling, you must comply with all applicable laws, regulations, standards, and codes of conduct, which apply to your sale. You, as the seller. are solely responsible for ensuring that you understand your obligations in this regard, and that you comply with those obligations. This includes, but is not limited to, your obligation not to sell illegal or infringing products.
All purchases via our site or services are deemed to occur in the United States and you, when you act as a buyer, agree that your purchase is governed exclusively by the laws of Georgia, USA.
For transactions via our site or services, we will enable purchasers to pay for sellers’ items or services using credit cards (currently Mastercard and Visa and American Express) via secure gateways and payment systems such as PayPal and Stripe.Payment processing services for sellers on Cartloom are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a seller on Cartloom, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Cartloom enabling payment processing services through Stripe, you agree to provide Cartloom accurate and complete information about you and your business, and you authorize Cartloom to share it and transaction information related to your use of the payment processing services provided by Stripe.
Payment processing services provided by PayPal are subject to the PayPal Acceptable Use Policy. By agreeing to these terms or continuing to operate a shop on our site, you agree to be bound by the PayPal Acceptable Use Policy, as PayPal may modify the same from time to time. As a condition of us enabling payment-processing services through PayPal, you agree to provide us with accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by PayPal.
If you wish to apply for an account to transact with other users via our site or services, you agree to:
We may suspend or terminate your account and use of our site and services if:
If your account is terminated, we may elect at our discretion to permanently delete all your content and it will not be able to be recovered or accessed again.
Cartloom is not responsible for any security breaches affecting servers or accounts. If your server or domain is responsible for or involved in an attack on or unauthorized access into another server or system, then you will notify Cartloom immediately, and Cartloom will have the right to respond accordingly, including without limitation the right to identify, isolate, and block the source of the attack. The customer understands that alterations to existing applications or programs and the implementation of new applications or programs can result in a security breach.
Cartloom will not be liable for any loss of data. You are responsible for ensuring that adequate backups or data eports are being completed as necessary. You are solely responsible for the audit of these backups whether or not scheduled or arranged by Cartloom. You agree that alterations to existing applications or programs and the implementation of new applications or programs can result in the loss of data. To the extent we can under consumer protection laws and other laws, our (including our related bodies corporate) liability to you is limited to: (a) in the case of goods, the repairing or replacement, or the cost of repair or replacement, of the goods; and (b) in the case of services, the resupplying of the services or equivalent services or the cost of resupply of the services.
To the extent we are liable to any third party in relation to the use of, or a transaction made via, this site whatsoever, we limit our liability to $1,000.
You indemnify against any claims, loss, liability or damage (including related legal costs) we may incur as a result of your use of this site or our your content being on this site or our services, your breach of your agreement with us, and from any claims arising from third parties (including but not limited to your customers).
You hereby waive any claim against us, and release us from any liability, in relation to any transaction you enter into with any buyer or seller using our site or services and agree that such transactions are contracts between you and the buyer or seller and that we are not a party to, or agent of any party to, those contracts.
You retain all rights and intellectual property rights of your files, exclusive of any content provided by our service. You are responsible for the content of your files, backing up your files and the sales of your files. Cartloom acts as a technology provider to distribute your Products and cannot be held responsible for unintended distribution due to incorrect configuration of products under the service. We does not review files that you store with the service. It is your responsibility to ensure the files are legal and within the conditions laid out in our Acceptable Use Policy. Violations may result in the file being removed or your account being terminated.
Any failure by us to enforce any terms set out in our agreement with you is not a waiver of our rights to enforce those terms. If a term of our agreement with you is unenforceable or void, that term can be severed and the rest of the agreement with you will continue to apply. Our agreement with you does not create a partnership, agency, employment or other relationship between you and us. If you need to contact us for any reason you can contact us at firstname.lastname@example.org.