Term Of Use

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INTRODUCTION

1.1  Welcome to the www.caribmall.com website and/or the CaribMall mobile app (the “Platform”). These Terms of Use govern your access and use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”). Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “CaribMall Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https:// https://caribmall.caribpayintl.com//privacy-policy/. By accessing the Platform and/or using the Services, you agree to be bound by CaribMall Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Carib Mall Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and CaribMall. Company incorporated in Antigua & Barbuda and having its registered address Halsbury Chambers, Liberta Village St. Paul’s, Antigua and Barbuda. (“CaribMall “we”, “us” or “our”).

1.3 CaribMall reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Carib Mall Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

1.4 If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

2. USE OF THE PLATFORM AND/OR SERVICES

2.1 We grant you a non-transferable and revocable license to use the Platform and/or Services, subject to these Terms of Use, for the purpose of shopping for personal items sold on the Platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. CaribMall shall 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.

2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.5 We reserve the right, but shall not be obliged to:

(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

(b) prevent or restrict access of any an authorized user to the Platform and/or the Services;

(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

2.6 Third Party Vendors: You acknowledge that parties other than CaribMall (i.e. Third-party Vendors) list and sell Products on the Platform. Whether a product is listed for sale on the Platform by CaribMall or a Third-Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer. You further acknowledge that Third Party Vendors may utilize paid services offered by CaribMall to occupy certain product listings slots within your search results on the Platform.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Antigua & Barbuda copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5. Our limitation of responsibility and liability

5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by CaribMall of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.

5.2 Without limiting the foregoing, CaribMall  does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

5.3 CaribMall and all its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Platform or the Services;

(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable, therefore.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use and/or other CaribMall Terms and Conditions shall be interpreted and governed by the laws in force in Antigua & Barbuda. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Antigua & Barbuda.

8. ARBITRATION

8.1 Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other CaribMall Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules held in Antigua & Barbuda. The arbitral tribunal shall consist of a sole arbitrator who is legally trained and who has experience in the information technology field in Antigua & Barbuda and is independent of either party. The place of arbitration shall be Halsbury Chambers, Liberta Village St. Paul’s, Antigua and Barbuda. Any award by the arbitration tribunal shall be final and binding upon the parties.

8.2 Notwithstanding the foregoing, CaribMall reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

9. TERM OF PAYMENT 

9.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. When Buyer places an order on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and the formation of a Contract. All payments shall be made to CaribMall, either accepting payment or as Seller’s agent (where Seller is a Third-Party Vendor). Buyer acknowledge that CaribMall is entitled to collect payments from Buyer on behalf of Third-Party Vendors.

9.2 The terms and conditions applicable to each type of payment, as prescribed by CaribMall on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

9.2.1 Credit Card

Credit card payment option is available for all Buyers. CaribMall accepts all Visa and Master Cards credit cards. All credit card information of Buyers is protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using a non-Antigua and Barbuda issued card due to foreign exchange rates.

9.2.2 Debit Cards

CaribMall accepts all Halsbury Chambers, Antigua and Barbuda. Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

9.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a CaribMall account (including any applicable taxes, fees and shipping costs). The transaction must be payable in East Caribbean, CaribMall, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. 

9.2.4 Cash on Delivery

Cash on Delivery (pay cash upon delivery) is available within the region of Antigua & Barbuda with a fee as may be prescribed by CaribMall for each order. CaribMall reserves the right to schedule the delivery time. The Goods will only be handed over to the Buyer upon full payment in cash by the Buyer.

9.3 Buyer may not claim against Seller or any of its agents (which may include CaribMall), for any failure, disruption or error in connection with the Buyer’s chosen payment method. CaribMall reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

9.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to:

9.4.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

9.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

9.5 All refunds shall be made via the CaribMall virtual payment account ("CaribMall Payment Account"). CaribMall offers no guarantee of any nature for the timeliness of the refunds reaching the CaribMall Payment Account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by CaribMall. All refunds are conditional upon CaribMall’s acceptance of a valid return of the Goods. CaribMall reserve the right to modify the mechanism of processing refunds at any time without notice.

9.6 All payments for the purchased Goods must be made to CaribMall using the payment methods made available on the Platform only. CaribMall shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

10. DELIVERY/PERFOMANCE 

10.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

10.2 CaribMall has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

10.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and CaribMall shall not be liable for any delay in delivery or performance howsoever caused.

10.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to CaribMall, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If CaribMall fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

10.4.1 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant, Buyer shall immediately notify CaribMall of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as CaribMall's fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. CaribMall shall be entitled at any time to demand the Buyer to deliver up the Goods to CaribMall and in the event of non-compliance CaribMall reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

10.5 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer's reasonable control or by reason of Seller's fault) then without prejudice to any other right or remedy available to CaribMall, CaribMall may:

10.5.1 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

10.5.2 terminate the Contract and claim damages.

11. Delivery of Goods

11.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

11.2 CaribMall has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

11.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and CaribMall shall not be liable for any delay in delivery or performance howsoever caused.

11.4 If Seller has failed to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to CaribMall, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If CaribMall fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

12. Return, Refund and Replacement of Goods

12.1 All Goods sold on the Platform is covered under the CaribMall 7 Days Easy Returns or 14 Days Easy Returns depending on the Goods sold (“Return Policy”). Buyer may initiate the returns process by communicating with CaribMall or Seller through the Platform. 

12.2 Buyer may, by completing the Online Return Form, apply to return the purchased Goods to CaribMall or Seller in exchange for a replacement or a refund. Buyer shall ensure that the purchased Goods is returned to CaribMall or Seller within 7 or 14 days from the delivery date, depending on the applicable Return Policy. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact CaribMall or Seller within 48 hours of receiving the delivery to expedite the claim process.

12.3 Buyer may only apply for return of the purchased Goods in the following circumstances:

12.4 the Goods delivered to Buyer is defective and/or damaged on delivery;

12.5 the Goods, fashion items, which does not fit (not applicable for fashion items from overseas Sellers);

12.6. the Goods delivered to Buyer is materially different from the description provided by Seller in the listing of the Goods;

12.7 the Goods delivered to Buyer does not match the agreed specification (e.g. wrong size, colored.) stipulated in the order;

12.8 Buyer has a change of mind regarding the Goods; and

12.9 such other circumstances which may be prescribed by CaribMall on the Platform.

 

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