Effective Date: March 24 2023

Last Updated: March 24 2023

AGREEMENT TO TERMS

The Terms of Use Agreement (“Agreement”), created on the effective date and last amended on date above, is made between you (“user,” “you” or “your”), and:

WEBSITE OWNER

Website URL: yellowcartslu.com

Business's Name: Yellow Cart

Street Address: Ti Rocher, Castries

E-Mail: contact@yellowcartslu.com

Phone: +1 (758) 518-8492

The owner mentioned above includes its affiliated companies, websites, applications, software, and tools (the “Company,” “we,” “us,” or “our”), and, with this Agreement, outlines the rights and obligations that you and all users share, as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the “website”), for the purpose of making use of any of the content, software, or other tools on the website (“services”).

ABOUT YELLOW CART

Yellow Cart is a marketplace that allows users to offer, sell and buy just about anything in Saint Lucia. Yellow Cart does not have possession of anything listed or sold on the Site.

Any advice Yellow Cart offers as part of our services, including regarding pricing, shipping, listing, and sourcing, is entirely advisory; you are free to follow it or disregard it. Via a number of services, we could assist in facilitating the resolution of conflicts between buyers and sellers. Unless expressly stated otherwise, Yellow Cart has no control over and makes no guarantees regarding the following: the existence, caliber, legality, or safety of the advertised items; the veracity or accuracy of users’ content or listings; the ability of sellers to sell goods; the ability of buyers to make payments for goods; or that a buyer or seller will actually complete a transaction or return an item.

USING YELLOW CART

Your access to and use of the website and the services is conditional upon your acceptance of and compliance with this Agreement, which applies to all the website’s visitors. If for any reason, you do not agree with any of the terms of this Agreement, you may not access the website or its services. Additionally, your access to and use of the services is also conditional upon your acceptance of and compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information which is initiated by and commences when you use the website. It is advised to read our privacy policy prior to accessing the website or its services.

We do not claim that the website’s content is appropriate or suitable for you or any visitor. No
information, data, or information provided on the website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to the legal liability of any type. Any such access or use of the website is to be utilized on your own initiative, and you are solely responsible for any legal compliance.

Any supplemental amendments or documents posted on the website following the effective date of this Agreement are to be considered expressly incorporated into this Agreement.

PROHIBITED ACTIVITIES

As a user of our services, whether on the website or mobile app, it is prohibited to engage in the following activities to:

• post, list or upload content or items in inappropriate categories or areas on our site;
• breach or circumvent any laws, third-party rights or our systems or policies;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
• use our services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our services;
• fail to deliver items sold by you, unless you have a valid reason
• manipulate the price of any item or interfere with any other user’s listings;
• post false, inaccurate, misleading, defamatory, or libellous content;
• use the contact information of other users for any purpose other than in relation to a specific transaction on the site;
• distribute viruses or any other technologies that may harm the site, or the interests or property of users; 
• use any robot, spider, scraper or other automated means to access our Services for any purpose;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of our services or post content that does not belong to you;

We reserve the right to limit, suspend, or terminate your user account(s) and access to our services, delay or remove hosted content, remove any special status connected to your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal measures to prevent you from using our services if we believe you are abusing Yellow Cart and/or our services in any way.

Unconfirmed accounts or accounts that have been dormant for a long time may be deleted by us. Furthermore, we retain the right to deny, alter, or discontinue all or a portion of our services to anybody for any reason.

LISTING CONDITIONS

When listing an item for sale on our services, you agree to comply with Yellow Cart’s LISTING POLICY and also agree that:

• You accept full responsibility for the item being provided, the truthfulness of the listing, and its contents;
• Your listing may not be immediately searchable by keyword or category for several hours;
• Content that violates any of Yellow Cart’s policies may be modified, obfuscated, or deleted at Yellow Cart’s sole discretion;
• We may revise product data associated with listings to supplement, remove, or correct information;
• Metatags and URL links that are included in a listing may be removed or altered;
• You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Yellow Cart has no responsibility or liability for the safety or performance of any product that you list or sell using our services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our services;

PURCHASES AND PAYMENTS

We accept the following forms of payment:

• PayPal
• Debit & Credit Card (Powered by Paypal)

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.

When buying an item, you are responsible for reading the full item listing before making a commitment to buy.

If we don’t accept your order, we will contact you to let you know. The following reasons are possible for not accepting your order: the goods being out of stock; our inability to authorise your payment; an error in the price or description of the goods; illegal or suspicious activity; an ambiguous delivery address; natural disasters; and potential threats to us and/or our servants and/or agents. If an order for which payment has already been made has been rejected, we will reimburse you for the entire transactional cost.

DELIVERY

We shall make every effort to deliver the items to the place you have designated for delivery within the window of time that you have stated.

If wrong information is provided or a security issue, such as inadequate infrastructure or delivery to unsafe regions considered by us or the carrier, this may cause a delay in the delivery of your order or even the cancellation of your transaction. We will return any money you have already paid for the items in either scenario. It is your duty to make sure someone is accessible to receive the items at your delivery address. On delivery, we need someone to sign for your order. To confirm they have your permission to accept delivery of your purchase, we could ask the person accepting delivery of your order to show us identification. To do this, you might be required to show a piece of your photographic identity (such as a passport or driving licence). We will attempt to contact you by phone if no one is home when we attempt delivery or if the person there is unable to meet our identification standards.

We cannot be held liable for any losses you may suffer as a result of such inaccuracies if you give us an incorrect delivery address or if we are unable to get in touch with you to complete the delivery. Deliveries that were scheduled and paid for but not finished due to the aforementioned will have the total amount returned back, minus the delivery fee.

LOCAL PICKUP

A government-issued photo ID and receipt or order number will be required for pickup. Yellow Cart is not responsible for actions taken once you select Local Pickup.

EXAMINATION AND APPROVAL

You must check the items for flaws and non-conformance after delivery. Any allegation that the items do not meet the specifications must be immediately notified to us. If any flaws in the items are not reported to us within one (1) business day of delivery, it will be proven beyond a reasonable doubt that the items were received in perfect condition and that you have unconditionally accepted them. Except for any rights you may have under the “Returns” section below or by law, you shall have no right to reject the items for any reason after such acceptance.

RETURNS

While reviewing the delivered items, if you find any that are damaged, expired, or defective, you can return them to the driver, and we will reimburse the appropriate card that was used to make the purchase. We reserve the right to issue a refund in the same form as payment if you choose to receive one.

CONTENT

When providing us with content (including causing content to be posted using our services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the content (including, without limitation, creating and using derivative works). We may in particular use your content, including any photographs you upload, for marketing and promotional purposes. This includes (i) offering it to other sellers to use in their listings, and (ii) displaying it to other Yellow Cart users as part of the browsing experience on Yellow Cart. We will also be allowed to keep a copy of any content (including photographs) you upload in our product catalogue for subsequent use for these purposes. You authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future for these purposes. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.

GUIDELINES FOR REVIEWS

We may provide you areas on the services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

• you should have firsthand experience with the person/entity being reviewed;
• your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
• your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
• your reviews should not contain references to illegal activity;
• you should not be affiliated with competitors if posting negative reviews;
• you should not make any conclusions as to the legality of conduct;
• you may not post any false or misleading statements; and
• you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

• monitor the services for violations of these Legal Terms;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or our terms, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
• in our sole discretion and without limitation, notice, or liability, to remove from the services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and
• otherwise manage the services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services

TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our services.

We also reserve the right to modify or discontinue all or part of the services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this Agreement will be construed to obligate us to maintain and support the services or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

This Agreement shall be governed by and defined following the laws of Saint Lucia. The Company and yourself irrevocably consent that the courts of Saint Lucia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with this Agreement.

DISPUTE RESOLUTION

If you should raise any dispute about the website, its content, or any of the services offered, it is required first to attempt to resolve the dispute formally by contacting us.

If a dispute cannot be agreed upon by the parties, it shall be submitted to the jurisdiction of the Saint Lucia courts.

We maintain the right to bring proceedings regarding the substance of any dispute in the courts.

“AS-IS” DISCLAIMER

It is recognized to you, as a user of the website and any services offered, that they are provided on an “as-is,” “where is.” and “as available” basis, including faults and defects without warranty. To the maximum extent permitted under applicable law, the company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the said website and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no
representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected. Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or limited, in regard to the following:

• The operation or availability of the website or any services, or the information content, and materials or products included herein;
• The website or any services being uninterrupted or bug-free;
• The accuracy, reliability, or currency of any information or content provided through the website or services;
• The website or any services, servers, content, or e-mails sent on behalf of our company is free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful code.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.

RELEASE

You agree to release us (along with our affiliates, subsidiaries, and each of our and their officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential), known and unknown, resulting from or connected in any way to disputes with one or more users. By consenting to this release, you expressly renounce any legal or other protections that may otherwise restrict its application to only those claims that you may know about or suspect to exist in your favor at the time this release is signed.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of the following:

• Our content;
• Use of the website or any of our services;
• Not able to use the website or any of our services;
• Any breach of this Agreement;
• Any beach of representations and warranties set forth in this Agreement;
• Any violation of the rights of a 3″ party, including but not limited to intellectual property rights; and
• Any overt harmful act toward any other user of the website or its services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

MISCELLANEOUS

This Agreement and any policies or operating rules posted by us, on the website, or through any services or in respect to such constitute the entire Agreement and understanding between you, as a user, and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.
It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the website, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the website for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto. If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.