1. Accepting These Terms
This document and the other documents that we reference below make our Terms of Use (the “Terms” for short).
The Terms are a legally binding contract between you and Caymart.com.
Please note that Section 11. Disputes with Caymart.com, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *
This contract sets out your rights and responsibilities when you use Caymart.com, Pattern by Caymart, our mobile apps, and the other services provided by Caymart.com (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Those Other Documents We Mentioned
If you use any of our Services, you agree to these Terms, and our Privacy Policy.
Caymart.com Services connect people in the Cayman Islands, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.
Terms for Sellers. If you list any items for sale through our Services, these policies apply to you.
Sellers may be required to pay the following types of fees.
Subscription Fees
Caymart.com sellers are to pay a subscription fee per month based on the subscription plan chosen. Caymart.com subscription fees are deducted from your current balance each month and reflected in your payment account.
Transaction Fees
When the vendor has made a sale through Caymart.com a commission of 5% will be charged in addition to the sale price displayed for each product listed on the website.
Prohibited or restricted items
The following types of items are prohibited or restricted from being sold on Caymart.com:
- Alcohol, Tobacco, Drugs, Drug Paraphernalia, Medical Drugs and Devices, and Items making Medical Claims
- Animal Products and Human Remains
- Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
- Hate Items: Items that Promote, Support, or Glorify Hatred
- Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- Internationally Regulated Items
- Nudity and Mature Content
- Violent Items: Items that Promote, Support, or Glorify Violence
We reserve the right to remove listings that we determine are not within the terms of Caymart.com. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.
Terms for Buyers. If you use our Services to browse or shop, these policies apply to you.
Cayman currently operates a “caveat emptor” consumer system, where the buyer is solely responsible for reviewing the quality and suitability of the goods or services being sold prior to purchase.
3. Your Privacy
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.
Both Caymart.com and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Caymart.com, will be responsible for that unauthorized disclosure.
If, however, Caymart.com and sellers are found to be joint data controllers of buyers’ personal information, and if Caymart.com 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 Caymart.com for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Caymart.com.
4. Your Account
You’ll need to create an account with Caymart.com to use some of our Services. Here are a few rules about accounts with Caymart.com:
A. Children under 15 years are not permitted to use Caymart.com or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider limiting a minor’s access to material online.
B. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You’re 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 registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Caymart.com.
5. Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. By posting Your Content through our Services, you grant Caymart.com a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Caymart.com function and grow. That way, we won’t infringe any rights you have in Your Content, and we can help promote it. For example, you acknowledge and agree Caymart.com may offer you or Caymart.com buyers promotions on the Site, from time to time, that may relate to your listings
C. By posting Your Content, you grant Caymart.com 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 Caymart.com, your Caymart.com shop, or the Services in general, in any formats and through any channels, including across any Caymart.com 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.
That sounds like a lot, but it’s necessary for us to keep Caymart.com going. Consider these examples: if you upload a photo or video of a listing on your Caymart.com shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app.
D. Caymart.com respects 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 follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. 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.
6. 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:
A. 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. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws and 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 Caymart.com, another Caymart.com user, or a third party.
B. You are responsible for paying all fees that you owe to Caymart.com.
C. 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 (including both Caymart.com Intellectual Property and Seller Content) without our express permission.
D. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
E. The name “Caymart.com” and the other Caymart.com marks, phrases, logos, and designs that we use in connection with our Services (the Caymart.com Trademarks), are trademarks, service marks, or trade dress of Caymart.com in the US and other countries.
7. Termination
Termination By You. You may terminate your account with Caymart.com at any time from your account settings.
Termination By Caymart.com. We may terminate or suspend your account (and any accounts Caymart.com determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. 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, for example, to sell or buy on our websites or mobile apps. Generally, Caymart.com will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Caymart.com terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services Caymart.com reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Caymart.com’s policies under these Terms of Use. 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.
8. Warranties and Limitation of Liability
Items You Purchase. You understand that Caymart.com does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Caymart.com cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Caymart.com from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Caymart.com is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Caymart.com is not a party to those agreements; they are solely between you and the third party.
Gift Cards and Promotions. You acknowledge that Caymart.com does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
| WARRANTIES. Caymart.com IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CAYMART.COM, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL CAYMART.COM AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID CAYMART.COM IN THE PAST TWELVE MONTHS. |
9. Indemnification
If Caymart.com gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Caymart.com (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
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.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Caymart.com’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Caymart.com has no obligation to resolve any disputes.
You release Caymart.com from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Caymart.com
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the Cayman Islands.
B. Arbitration.
The arbitration will be conducted in the Cayman Islands.
You and Caymart.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration in accordance to the Arbitration Act (2012) (the Arbitration Act); and (ii) procedural rules regulating the Grand Court’s practice and procedures in relation to arbitrations 1 in July 2013 (the Rules) of the Cayman Islands. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules.
Please click on the link below to Cayman International Mediation and Arbitration Centre Ltd. website for more information on the 2023 Arbitration rules and fees.
Arbitration Rules 2023 | CI-MAC (caymanarbitration.com)
12. Changes to the Terms
We may update these Terms from time to time. 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. That way, you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes, unless otherwise specified. 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.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Caymart.com 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.
14. Contact Information
If you have any questions about the Terms, please email us at legal@caymart.com.
*In some countries you may have additional rights and/or the preceding may not apply to you.