Terms of Service
Last revision: October 27th, 2016
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:
Expanded list of Prohibited Businesses/Products
- Age restricted products or services
- Age verification
- Any product or service that infringes upon the copyright, trademark, or trade secrets of any third party
- Any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Networks
- Bail bonds
- Bankruptcy lawyers
- Bidding fee auctions
- Chain letters
- Check cashing, wire transfers or money orders
- Collection agencies
- Counterfeit goods
- Credit card and identity theft protection
- Cruise lines
- Currency exchanges or dealers
- Door-to-door sales
- Drug paraphernalia
- Embassies, foreign consulates or other foreign governments
- Engaging in any form of licensed or unlicensed aggregation or factoring
- Engaging in deceptive marketing practices
- Essay mills
- Evading a Payment Network’s chargeback monitoring programs
- Extended warranties
- Firms selling business opportunities, investment opportunities, mortgage consulting, credit repair or protection or real estate purchases with no money down
- Flea markets
- Fortune tellers,
- “Get rich quick” schemes
- Human hair, fake hair, or hair-extensions
- Illegal products or services
- Mail-order brides
- Marijuana dispensaries and related businesses
- Money transmitters or money service businesses
- Multi-level marketing or pyramid schemes
- Negative response marketing
- Offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase
- Personal computer technical support
- Pharmacies or pharmacy referral services
- Pre-paid phone cards
- Pseudo pharmaceuticals
- Quasi-cash or stored value
- Securities brokers
- Sexually-oriented products or services categorized as:
- Child pornography
- Fetish gear and services including S&M paraphernalia
- Hard-core sexually oriented products and services
- International match-making services
- Pornographic materials displaying sexually explicit pictures, images, and videos
- Sexually explicit telephone or online conversations and chat
- Sexually-oriented dating services, including companion/escort services and prostitution
- Sexually-oriented massage parlors, sex shows, sex clubs, topless bars, strip shows, and other adult entertainment
- Widgets that allow you to access pornography or pornographic ads
- Selling social media activity, such as Twitter followers, Facebook likes or YouTube views
- Selling video game or virtual world credits (unless you are the operator of the video game or virtual world)
- Sharing Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service
- Shipping or forwarding brokers
- Sports forecasting or odds making
- Substances designed to mimic illegal drugs
- Telecommunications equipment and telephone sales
- Tobacco, e-cigarettes, vaporizers and accessories including e-juice
- Travel agencies or travel clubs
- Virtual currency that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world or related services
- Weapons and munitions
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.
Selling on Cartloom
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:
- Authorize us to independently verify identity, credit and any other checks we deem necessary to verify your identity and creditworthiness.
- Remove and cease promotion and sale of any item(s) or service if reasonably requested by us.
- Grant us sole discretion as to whether we will allow you to create an account and transact with other users and to impose limits on weekly transaction values.
- In return for providing services that allow you to enter into transactions with other users via our site or services, we will charge you, the seller, in respect of each transaction, services fees as outlined below [insert Cartloom pay pricing here]
- We may retain the following amounts from the value of transaction. ( Service fees per transaction as outlined above )
- We may charge you the following additional fees:
- $35 if we are required to investigate a dispute and process a refund.
- $37.50 if we are charged a chargeback fee from our payment gateway provider.
- $50 if you have a negative fund balance and you fail to pay our invoice within 7 days of receiving an invoice from us.
- We will deduct the appropriate service fee and charges from the funds received in relation to each unique transaction. Amounts received on your behalf from Stripe, after deducting any amounts due to us, will be remitted to your bank account in accordance with your transfer schedule. Amounts received on your behalf from PayPal, after deducting any amounts due to us, will be remitted directly to your PayPal account.
- We may accrue and withhold any funds to be remitted to you until the total amount to be remitted to you is greater than $1.
- Each time we disburse an amount to your account, we will disburse the net amounts of your monies, after deduction of service charges, fees and any other amounts we are entitled to deduct under these terms. We, if applicable, issue you a tax invoice in respect of the amounts deducted by us from your monies disbursed. [Are you going to do this?]
- We retain the right to change our fee structure from time to time. We will make reasonable steps to inform users prior to any changes.
- You acknowledge and agree that when we receive funds via our site or services we are acting merely as a convenient payment conduit for you. We are not your agent, and we are not required to enforce the payment of any funds via our site or services on your behalf.
- A transaction may be reversed or charged back to you account if it is disputed by the buyer, any financial institution involved in the transaction, deemed to be fraudulent, deemed to violate this agreement, or if we believe the transaction has not been completed in good faith. Our determination in this regard will be binding on you.
- For any transaction that results in a reversal or charge back, we may withhold the transaction amount from your account, or withdraw the transaction amount from your account.
- We reserve the right to delay or withhold disbursement to your account, suspend your account, or to increase our processing fees if we deem your account to have been involved in, or in the future to liable to be involved in, an unreasonable or unusual number of reversals or charge backs, of if we deem your account to have been used in a way which contravenes these terms. our determination in this regard will be binding on you.
- We reserve the right to remove or rename a URL assigned to a Cartloom account that is deemed to be inappropriate or misleading.
- If we or our payment processor(s) determine your account is incurring excessive chargebacks this may result in additional fees, penalties and fines. Excessive chargebacks may also result in delayed payments, account restrictions or the permanent termination of your Cartloom account.
- According to United States Internal Revenue Code, payment settlement entities are required to file an information return (e.g. 1099-K form) with the IRS, reporting all payment card transactions for United States based merchants occurring in that calendar year. United States based merchants acknowledge that we may at our sole discretion, report to the United States Internal Revenue Service the total amount of the payments you receive each calendar year as required by law.
- You agree that we can provide disclosures and notices regarding our services (including tax forms such as 1099-K) to you by posting such disclosures and notices on your Cartloom account dashboard, emailing them to the email address listed in your Cartloom account, mailing them to the address listed in your Cartloom account, or posting them to our website. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Such disclosures and notices will be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered.
Suspending and terminating your account
We may suspend or terminate your account and use of our site and services if:
- You breach these terms.
- You engage in any activity that breaches any law.
- We consider it necessary for any reason to protect us or our users.
- We consider you to be disrupting or interrupting the site in any way, using multiple accounts, using proxy IP addresses, or in our opinion represent a fraud risk.
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.
Liability and indemnity
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.