Terms and Conditions

Welcome to IslaCart, our aim is to deliver the best online experience; please grab a warm beverage as you read our terms and conditions.

1. Accepting these Terms

This document and the other documents that we reference below make up our terms and conditions.

The Terms are a legally binding contract between you and IslaCart Inc. and all of its subsidiaries collectively referred to as “IslaCart”.

This contract sets out your rights and responsibilities when you use the services provided by IslaCart (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not be able to use our Services.

2. Ready? Let's get started..

IslaCart’s Services seeks to build and deepen relationships between local vendors in emerging markets and a community of global shoppers. We have created this guide to help you make the best of your online experience whilst adhering to our policies and the laws of the territories in which we operate.

Vendor’s Rule: If you list any items for sale through our Services, these policies apply to you. You can read them here.

3. Policy for Sellers

Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.

  • Seller Registration: A User who wishes to sell on the Website shall register with ISLACART by providing the requisite information/ data on the ISLACART registration page including details of the seller’s Valid Email and Address. The sellers shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. IslaCart has the right to suspend/ terminate the Registration and the use of the Website by the seller if we discover or it is brought to our attention that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.
  • Invoicing, Shipping & Product Liabilities: Please note that we are a marketplace platform that provides marketplace services to you. We help Buyers and Sellers connect whereby as Sellers you are selling and/ or promoting to customers via our platform and we are charging commission for services associated with it. Therefore invoicing and shipping to customer is your responsibility. Also any taxation related to sale of Your products like VAT, etc is your responsibility. Also liabilities arising from the use, consumption and/or interaction with your products/ profile are solely yours and we will not be responsible for any loss or damage due to your products/ profile.
  • Hold, Suspension and Termination of ISLACART Seller Registration: In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, we may suspend and/or terminate the Registration or may put the remittances on hold with respect to such Seller. IslaCart may reinstate or activate seller’s Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by us and as provided in the User Agreement or the rules and polices made there under. Seller Registration is subject to the seller remaining an active User of the Website. Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend Seller Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
  • Charges Applicable to Sellers: IslaCart shall levy charges/ fees (for providing facilities to sell on the Website) to the Sellers in accordance with the Payment and Pricing Policy incorporated herein by reference. We will provide the Seller with an invoice reflecting the facility charges on a monthly basis. If the seller avails of any of the services provided under Logistics by us, the seller will be liable to pay additional fees, charges in respect of the services availed as set out in the Payment and Pricing Policy. IslaCart reserves the right to change the Payment and Pricing Policy and the related rules and policies from time to time. We may introduce new services and modify some or all of the existing services offered on the Website. We will always notify our users via email and postings on our website ahead of any scheduled changes.
  • The Seller will be responsible for paying all charges associated with the use of the Website and agrees to bear any and all applicable taxes, charges, surcharges etc. levied thereon. The seller shall pay the appropriate charges to IslaCart, and our transaction fees will be deducted immediately from the Transaction Price which is to be remitted to the seller. IslaCart shall issue the invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the Seller irrespective of any charge back, refund or non-fulfillment of the Transaction.
  • IslaCart reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.
  • No Infringement of Intellectual Property of IslaCart and Third Parties: You must ensure that the items listed do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and IslaCart indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would You use brand names or trademarks not owned by You unless the item that You are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or IslaCart including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the IslaCart or that You have any right to represent the Website or IslaCart..
  • Appropriate Description in Listing: You shall be responsible for providing information relating to the items offered to be sold by You on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of all items offered must not be misleading in any manner whatsoever and must describe the actual condition of the item offered. You shall not exaggerate or over emphasize the attributes of any item offered You propose to sell on the Website so as to mislead other Users in any manner. If the item offered description does not match the actual condition of the item offered, You agree to refund any amounts that You may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item offered. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the item offered.
  • Categories: We will provide different categories for the items you may choose to sell on the Website, the Seller must take adequate care to list the items offered in the appropriate category. Failure to do so may result is cancellation of listing.
  • Method of Payment: At the time of listing, of the various modes of payment provided by IslaCart on the Website, You shall also choose the modes of payment which are acceptable to You and the buyer will have the option to pay the Transaction Price only by the modes of payment selected by You. If you fail to choose your preferred modes of payment, the Buyer will have the option to pay the Transaction Price by any mode of payment provided on the Website.
  • Clean Sale: You represent and confirm that You shall be authorized to sell all items listed for sale on your account, and that the sale of these items is not subject to third party claims.
  • Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws.
  • Feedback: Buyers of items on the Website are entitled to write reviews and rate the items offered as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against IslaCart or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling Your items.
  • Non-payment: IslaCart reserves the right to issue a warning, temporarily/ indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to the Website in case of non-payment of Facility Charges or any other fees payable by You to IslaCart. IslaCart also reserves the right to take legal action in case of such non-payment.
  • Refusal to sell: Once any User confirms a purchase in response to a listing made by You by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. You cannot refuse/ cancel to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed. In case of sale of the item wherein the buyer has opted for Payment on Delivery as a payment method, the sale is considered complete and all property and title in the listed item passes on to the buyer only after payment of the Transaction Price and upon Delivery.
  • Pricing: The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. If the buyer makes payment in any currency other than the local currency of the seller, the cost of conversion/ exchange rate shall be borne by the buyer.
  • Buyer satisfaction: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, IslaCart may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue Your listings, impose higher fees and additional charges for permitting You to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.
  • Ending of Listing: You understand and agree that your listing will end automatically after 14 (fourteen) days in cases where a listing does not result in a successful transaction during that time. Once that period of 14 (fourteen) days has expired, the Seller may choose to relist the item manually, at which time he will be asked to pay a listing fee of 0.12 USD per item. However, IslaCart reserves the right to extend a listing as it sees fit. A listing will naturally end if it results in a confirmed Transaction.
  • Payment Confirmation: Subject to the modes of payment chosen by the Seller, upon successful completion of a sale (method of payment has been successfully processed), IslaCart will immediately email a copy of the transaction receipt to the buyer. The Seller will also receive a notification of the successful sale via email and shipping instructions.
  • Warranties and Undertakings: The Seller warrants and undertakes that:
  • All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. IslaCart by providing facilities on the Website does not in any way becomes a party to the contract for the sale of the item.
  • Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to IslaCart on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund. In the event that:
    • the Seller fails to Deliver within the time prescribed; or
    • the Seller sells or Delivers any illegal, prohibited or counterfeit items; or
    • the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
    • there is any dispute between Seller and the Buyer relating to the Transaction, or
    • the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
    • the Buyer claims a refund of or charges back the Transaction Price,
  • Islacart has the right to take appropriate legal action including right to offset from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 (seven) days of receipt of a notice to that effect from IslaCart, the Seller shall pay the shortfall to IslaCart. In case IslaCart is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.

4. Policy for Buyers

IslaCart provides a venue for buyers to find, learn about, and enter into transactions with sellers from any region around the world. It is important to note, however, that IslaCart is not a part of that transaction. By shopping on IslaCart, you understand that:

  • You are not buying directly from IslaCart, but from one of the many valued sellers on IslaCart.
  • IslaCart does not pre-screen sellers and therefore does not guarantee or endorse any items sold on IslaCart or any content posted by sellers (such as photographs or language used in listings or shop policies).
  • Each seller on IslaCart accepts different payment methods and in some instances may their own processing times, shipping methods, and shop policies.
  • As a member of the community, you have the opportunity to flag an item or a shop that violates any of IslaCart’s policies. Flagging is confidential.

Communicating with Other IslaCart Member

Conversations

You will be able to use IslaCart’s Conversations (“IslaChat”) tool to communicate directly with sellers or other IslaCart members. IslaChats are a great way to ask sellers any questions you have about an item or an order. IslaChat may not be used for the following activities:

  • Sending unsolicited advertising or promotions, requests for donations, or spam.
  • Harassing or abusing another member.
  • Contacting someone after they have explicitly asked you not to.
  • Interfering with a transaction or the business of another member.

Interference

Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on IslaCart.

Examples of interference include:

  • Contacting another member via IslaChat Conversations to warn them away from a particular member, shop, or item;
  • Posting in public areas to demonstrate or discuss a dispute with another member; or
  • Purchasing from a seller for the sole purpose of leaving a negative review.

Harassment

Any use of IslaChat to harass other members, to support or glorify hatred toward, or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation is strictly prohibited. If you receive a Chat that violates this policy, please let us know right away.

Purchasing an Item on IslaCart

When you buy from a shop on IslaCart, you’re directly supporting an independent business, each with its unique listings, policies and processing times. By making a purchase from a seller on IslaCart, you agree that you:

  • Have read the item description and shop policies before making a purchase;
  • Have submitted appropriate payment for item(s) purchased; and
  • Have provided accurate shipping information to the seller.

You also agree to comply with our Direct Checkout Policy when you use IslaCart’s Direct Checkout payment platform, and our Gift Card Policy when you purchase or redeem an IslaCart Gift Card.

Leaving a Review of an Item

Reviews are a great way to learn about a seller’s items and reputation, help good sellers build a strong reputation, or help warn other buyers about a poor experience.

You can leave a review, including a one to five star rating and a photograph of your purchase, for 60 days after your item’s expected delivery date. The estimated delivery date is the purchase date + processing time + shipping time. You can edit your review, including the photograph, any number of times during that 60 day period.

By leaving a review or photograph, you acknowledge that

  • Your review and/or photograph and profile information will be publicly displayed on the seller's listing and review pages.

Reviews and photographs may not:

a. Contain private information;

b. Contain obscene, racist, or harassing language or imagery;

c. Contain medical drug claims;

d. Contain advertising or spam;

e. Be about things outside the seller’s control, such as a shipping carrier, IslaCart or a third party; or

f. Undermine the integrity of the Reviews system.

Extortion is not allowed on IslaCart. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on IslaCart

Examples of extortion include the following:

a. A buyer leaves a negative review in an attempt to force the seller into providing additional items that were not agreed upon in the original transaction.

b. A buyer leaves a negative review in an attempt to force the seller into providing a refund when a refund is not warranted.

Shilling is not allowed on IslaCart. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer.

By uploading a photograph to IslaCart’s website or mobile app, you warrant that

  • You own the photograph or you have the rights or permission to use the photograph; and
  • You understand that, as stated in IslaCart’s Terms of Use, IslaCart has license to use any content you provide to IslaCart.

Sellers may respond to reviews of three or fewer stars. Sellers’ responses to reviews must also comply with this policy. Sellers may hide photographs that they do not feel accurately represent their brand, or they may report reviews that violate our Terms of Use.

We reserve the right to remove reviews or photographs that violate our policies or Terms and Conditions

Reporting a Problem with an Order or Returning an Item

IslaCart’s Dispute Resolution System (DRS)

Although IslaCart is not directly involved in a transaction between a buyer and a seller, we provide a dispute resolution system in the unlikely event your purchase from a seller does not go as expected. You can use IslaCart’s DRS to come to a resolution with the seller in the event of a non-delivery, or if an item you receive is not as described in the listing. Click here to open a case, you can file a case under the following circumstances

Non-Delivery

A Non-Delivery occurs when a buyer places an order and submits payment, but the seller does not ship the item or does not ship the item to the correct address. The following are examples of Non-Delivery cases.

An item was never sent.

  • An item was sent to an address that is not on the IslaCart receipt or was not verified through other communication methods or the selected courier’s address verification.
  • There is no proof that the item was shipped to the buyer’s address.

Not-as-Described

An item is Not as Described if it is materially different from the seller’s listing description or photos. Here are a few examples of "Not as Described" cases:

  • The item received is a different color, model, version, or size.
  • The item has a different design or material.
  • The item was advertised as authentic but is not authentic.
  • The seller failed to disclose the fact that an item is damaged or is missing parts.
  • A buyer purchased three items but only received two.
  • The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used.

Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met

  • The item(s) were ordered for a specific date or event.
  • A deadline was agreed upon by the buyer and seller.
  • The item(s) are rendered useless after that date.

Ineligible Transactions

The following are not eligible for IslaCart’s Dispute Resolution System (DRS):

  • Items that have been purchased in person
  • Intangible items, services, or prohibited items
  • Transactions where payment is not made through IslaCart’s Direct Checkout payment platform
  • Items that are returned without a return agreement
  • Items that have been altered, used, worn, or washed after receiving them
  • Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer
  • Items that are received after the agreed-upon delivery date due to shipping delays
  • Cancelled transactions that have already resulted in a refund

Requesting a Cancellation

Only sellers may cancel transactions. Buyers may request that a seller cancel an order via IslaChat Conversations.

Returning an Item

Each seller has his or her own return policies, which should be outlined in their Shop Policies. Not all sellers accept returns. We strongly encourage all our Sellers to offer up to a 30 day return policy, however, IslaCart is not in a position to impose or enforce such terms on Sellers. Please read Seller’s terms carefully before making a purchase.

Intellectual Property Policy

We comply with intellectual property laws of the WIPO (World Intellectual Property Organization) and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how IslaCart sellers can respond when their listings or shops are affected by a notice.

This policy is a part of our Terms and Conditions.

IslaCart’s Intellectual Property Policy

Reporting

If you would like to submit a notification of alleged infringement, counter a notice of copyright infringement submitted against you, or withdraw a notification of infringement that you submitted, please refer to the following information.

Report infringement on IslaCart

Use Click Here to provide a notice of claimed infringement to IslaCart.

Submit a counter claim

  • Use this information to counter a copyright infringement notice submitted against you.
  • Withdraw a notification of infringement you’ve submitted.
  • Use this information to withdraw an infringement notice you’ve submitted to IslaCart.

Learning

If material was removed from your shop due to a notification of infringement or if you would like to learn more about intellectual property issues in general, please refer to the following information:

Support for intellectual property issues

Frequently asked questions about having material removed due to a notice of infringement.

Copyrighting and protecting your work

General information about intellectual property rights.

Articles on legal topics

Demystifying intellectual property law and other legal issues.

Policy

IslaCart adopted this intellectual property policy in accordance with industry best practices, WIPO intellectual property laws, and variations of Copyright Laws in the different territories where we operate.

Notices of Intellectual Property Infringement

IslaCart strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When IslaCart removes or disables access in response to a notice, IslaCart makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. IslaCart may also provide a copy of the notice to the allegedly infringing party.

Counter Notification

If IslaCart receives a counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs IslaCart of this action. IslaCart sends a copy of the counter notice to the original complaining party.

Repeat Infringement

IslaCart terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at IslaCart’s discretion.

Please use Click Here to provide notice of claimed infringement to IslaCart’s designated agent. If you are not able to use the reporting form, please see the requirements below.

Notice Requirements

To report infringement to IslaCart’s designated agent, please use our reporting form. If you are not able to use the reporting form, please read the requirements below.

If you believe that material residing on or accessible through IslaCart infringes a copyright, you may send a notice of infringement via email to admin@islacart.com, which must include all of the following required information:

  • A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon -- signatures may be provided electronically by typing your name.
  • Identification in sufficient detail of the work allegedly infringed upon.
  • Identification of the allegedly infringing material on IslaCart including the specific location of the material so that IslaCart can find it -- for listings, please provide the IslaCart listing URL to each item you allege is infringing
  • The name of the intellectual property owner, and contact information for the notifier including name, address, telephone number, and email address
  • A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property owner, its agent, or the law
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorized to make the complaint on behalf of the copyright owner.

If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice to IslaCart. Fraudulent or abusive notices or other misuse of IslaCart’s Intellectual Property Policy may result in account termination or other legal consequences.

Counter-Notice Requirements

To submit a copyright counter-notification to IslaCart’s designated agent, please see the following information. If you are not able to use the countering form, please see the requirements below.

If you have a good faith belief that material removed or disabled as a result of a notification of copyright infringement to IslaCart involved a mis-identification or mistake, you may send a counter notice via email to admin@IslaCart.com, which must include all of the following required information:

  • Your signature -- signatures may be provided electronically by typing your name
  • Identification of the material that has been removed or to which access has been disabled -- for listings, please provide the IslaCart listing URL to each item before it was removed or disabled

A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material

Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the appropriate Court for the judicial district in which you are located, and that you will accept service of process from the person who provided the original notification or an agent of such person.

If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter notice IslaCart. Fraudulent or abusive counter notices or other misuse of IslaCart’s Intellectual Property Policy may result in account termination or other legal consequences.

Requesting information from IslaCart

Requests for Information Policy

IslaCart aims to be transparent and mindful as we create a company that builds on the premise of eCommerce – borderless trade. In that spirit of transparency, this policy explains how we respond to requests for records or information about members of IslaCart’s community.

This policy does not constitute legal advice or a promise that IslaCart will respond in a specific way or at all. IslaCart reserves the right to deviate from these practices at any time. This policy is a part of our Terms and Conditions.

IslaCart Member Records and Information

Before you contact IslaCart for records or information, first see if the information you are seeking is publicly available or request the records directly from the relevant IslaCart member.

Some information about IslaCart buyers, sellers and Shops, such as a Shop’s name, the public name of its owner, and the Shop’s policies, is public and can be viewed by anyone at any time. In addition, IslaCart members may have access to certain records by logging in to their accounts. For example, IslaCart sellers can access and download sales records in .csv format, and all members can view their Conversation history by navigating to the relevant pages in their IslaCart accounts.

For more information about the records IslaCart collects, please see our Privacy Policy.

IslaCart Requires Valid Legal Process

Except in emergency situations or when consistent with our Terms of Use and Privacy Policy, IslaCart requires valid and sufficient legal process (such as a subpoena or court order, for example) to compel us to disclose records or information about an IslaCart member.

Legal process must contain enough identifying information so that IslaCart can identify the member’s account. A common name, for example, does not uniquely identify a member’s account. Your legal process should include information such as an email address, transaction ID, username, shop name, or payment information.

Serving IslaCart with Legal Process

All requests for member information must be made with valid and sufficient legal process and should be provided to IslaCart by (1) emailing a copy to admin@IslaCart.com, and (2) mailing or hand delivering a copy to our registered agent, (insert address).

Receipt of legal process by these means is for IslaCart’s convenience only and does not waive any objections, including lack of jurisdiction, subpoena power, or improper service.

IslaCart is headquartered in the United States. We review legal process and requests for information issued from other countries on a country-specific basis. As a U.S.-based company, IslaCart may require that foreign legal process be domesticated under a Mutual Legal Assistance Treaty (“MLAT”), letters rotatory, or section 1782 of the U.S. code, as appropriate.

Emergency Circumstances

If your request for information involves an emergency involving a danger of death or serious physical injury to a member of the IslaCart community or any member of the public, please contact your local law enforcement. If you are a law enforcement officer seeking information relating to such an emergency, please email admin@IslaCart.com from your official email address and provide the following:

Your name and title, the government agency you work for, and your full contact information (government email address, phone number, and fax number);

A summary of the facts about the emergency situation, including how the situation poses a danger of death or serious physical injury to an IslaCart member or any person;

The identity of the person or people who are in danger;

The specific records sought and how they relate to the emergency; and

Why legal process cannot be obtained and the records must be disclosed without delay.

Notice to the Member Whose Records Are Sought

When IslaCart receives legal process seeking records or information about an IslaCart member, IslaCart may provide notice to that member, including a copy of the legal process. IslaCart may also allow the member enough time to appear and object to the legal process in court, if necessary.

Requests for Witness Testimony

IslaCart does not provide expert witnesses for trial or deposition. When IslaCart produces records, we provide a standard records custodian declaration of authenticity. A live testimony by a records custodian is unnecessary because the records are self-authenticating.

Cost Reimbursement

IslaCart may seek reimbursement for our costs directly incurred in searching for, assembling, collecting, and preparing records or information for production.

IslaCart API users:

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

5. Your Account with IslaCart

You’ll need to create an account with IslaCart to use some of our Services. Here are a few rules about accounts with IslaCart:

A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.

B. Keep it real: Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.

C. Be creative, not offensive: A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.

D. Your account is your responsibility: You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing 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. Keep a lid on it: 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. Be clear about our relationship. Creating an account with IslaCart or using our Services makes you an independent contractor with IslaCart. No agency, partnership, joint venture, employment or franchisee relationship with IslaCart is intended or created by the Terms.

6. Your Content

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. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant IslaCart a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help IslaCart function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

C. Rights You Grant IslaCart. (Here’s the legalese version of the last section). By posting Your Content, you grant IslaCart 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 to provide the Services and to promote IslaCart, your IslaCart shop, or the Services in general, in any formats and through any channels, including across any IslaCart Services or third-party website or advertising medium.

That sounds like a lot, but it’s necessary for us to keep IslaCart going. Consider these examples: if you upload a photo of a listing on your IslaCart shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and IslaCart’s.

D. Reporting Unauthorized Content. IslaCart has great respect for 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 infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

E. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on IslaCart’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy [Link to Prohibited Items], Community Policy [Link to Community Policy] or 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.

7. Your Use of Our Services

License to Use 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. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes domestic and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws [Link to Prohibited Items]; and don’t commit fraud, theft or any other crimes against IslaCart, another IslaCart user or a third party.
  • B. Pay Your Bills. You are responsible for paying all fees that you owe to IslaCart. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
  • C. Don’t Steal Our Stuff. 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.
  • D. Don’t Try to Harm Our Systems. You will not distribute any virus or other harmful computer code through the Services.
  • E. Follow Our Trademark Policy. The name “IslaCart,” and the other IslaCart marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of IslaCart in the U.S. and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
  • F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to IslaCart (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

8. Termination

Termination By You. We hate to see you go, but you may terminate your account with IslaCart at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By IslaCart. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. 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 website or mobile apps. IslaCart may refuse service to anyone, at any time, for any reason.

If you or IslaCart terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. IslaCart reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. 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.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service discontinues.

9. Warranties and Limitation of Liability

Items You Purchase. You understand that IslaCart does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so IslaCart cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release IslaCart 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. IslaCart 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.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

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. IslaCart is not a party to those agreements; they are solely between you and the third party.

Warranties. IslaCart 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 IslaCart, 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 IslaCart’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid IslaCart in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

10. Indemnification

Hopefully this never happens, but if IslaCart gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend IslaCart (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 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.

11. Disputes with Other Users

If you find yourself in a dispute with another user of IslaCart’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website or mobile apps may participate in our Dispute Resolution System. IslaCart will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. IslaCart has no obligation to resolve any disputes.

Release of IslaCart. You release IslaCart from any claims, demands and damages arising out of disputes with other users or parties.

12. Disputes with IslaCart

If we have not met or exceeded your expectations, please let us know, and we'll do our best to 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 State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.

B. Arbitration. You and IslaCart agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and IslaCart are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

C. Forum. We’re based in New York, New York, so any legal action against IslaCart related to our Services must be filed and take place in New York. That means the seat of any arbitration shall be New York. For any actions not subject to arbitration, you and IslaCart agree to submit to the personal jurisdiction of a state court located in New York, New York or the United States District Court for the Eastern District of New York.

If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.

13. 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 doing one (or more) of the following: (1) posting the changes through the Services or (2) 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. 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.

14. Other Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and IslaCart 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.

15. Contact Information

If you have any questions about the Terms, please email us at: info@islacart.com

Prohibited Items Policy

IslaCart is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from the IslaCart marketplace. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of IslaCart . This policy explains what is prohibited or restricted on IslaCart .

This policy is a part of our Terms of Use. By opening an IslaCart shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on IslaCart :

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drug Claims
2. Animals and Certain Animal Products

  1. Live Animals.
  2. Items derived from or created using any animal species designated as threatened or endangered, including the following animals and all subspecies: Alligator; Bear; Cheetah; Chimpanzee; Chinchilla; Elkhorn and Staghorn Coral; Cougar; Eagle; Elephant; Gorilla; Jaguar; Lemur; Leopard; Lion; Lynx; Monkey; Ocelot; Rhinoceros; Seal; Sea-lion; Tiger; Wallaby; Whale; Zebra.
  3. Items made from cat and dog parts or pelts as defined by law.
  4. Ivory or bones from ivory-producing animals such as whales or elephants are also prohibited, including tusks, elk ivory, fossilized ivory, and wooly mammoth ivory.
  5. Items made from human remains, except for teeth and hair.

3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

  1. Explosives (fireworks or sparklers).
  2. Flammable items (including liquids or loose matches).
  3. Gases.
  4. Radioactive material.
  5. Toxic substances (such as poisons).

4. Hate Items: Items that Promote, Support, or Glorify Hatred.
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items.
6. Internationally Regulated Items.
7. Pornography and Mature Content.
8. Violent Items: Items that Promote, Support, or Glorify Violence.

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we encourage creativity, we err on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

Art and history can be provocative, emotional, and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay.

IslaCart Community Policy

IslaCart fosters relationships between local merchants and shoppers in a community that embraces the culture and personality of all our users. In our quest to provide a platform that stimulates entrepreneurship and the growth and success of small and medium enterprises, it is imperative to observe the following norms:

  • Respect for other's:
    • work
    • creed, race, gender, sexual orientation
  • Embrace cultural diversity
  • Join the discussion, let your voice be heard
  • Be inspired, likewise inspire others

Trademark Policy

IslaCart supports and encourages ideas, services, and tools that use and supplement IslaCart ’s services. At the same time, we are serious about protecting our reputation, our trademarks and our brand identity. This Trademark Policy explains how to refer to IslaCart, our marks or our services.

This policy is a part of our Terms and Conditions [Link to Terms and Conditions]. By using any of IslaCart’s services, you’re agreeing to this policy and our Terms and Conditions. This policy only covers the use of IslaCart’s intellectual property (for example, the use of the term “IslaCart”). For issues regarding any intellectual property that is not exclusively owned by IslaCart , please refer to IslaCart ’s Intellectual Property Policy.

Trademark Basics

A trademark is a word, name, symbol or device (or a combination of those items) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. The word “IslaCart ” and other IslaCart graphics, logos, designs, page headers, button icons, scripts, and service names (together, the “IslaCart Marks”) are registered trademarks, trademarks or trade dress of IslaCart , Inc., in the U.S. and/or other countries.

Why must IslaCart protect the IslaCart Marks? IslaCart must be to able assure Internet users and others that only the services offered, sponsored, or endorsed by IslaCart actually bear the IslaCart Marks. Trademark law requires that we not only protect against improper use of the IslaCart Marks, but also protect against the use of confusingly similar marks.

Using the IslaCart Marks

Here are our rules for using the IslaCart Marks:

We support and encourage using the IslaCart Marks in the following ways:

  • Make fair use of IslaCart ’s Marks. IslaCart supports free speech and you do not need permission to make legitimate commentary about IslaCart , the company, or IslaCart’s services. For example, if you sell on IslaCart , it’s fine to let people know that.
  • Distinguish the IslaCart Marks from surrounding text by, for example, capitalizing the first letter of the IslaCart Marks.
  • Spell the IslaCart Marks properly.

We do not permit the following uses of the IslaCart Marks:

  • Incorporating the IslaCart Marks or a confusingly similar mark into, for example, the name of your business, organization, non-profit organization, event, or trademark.
  • Removing, altering, distorting or modifying the IslaCart Marks, including adding other terms to the IslaCart Marks to create new words.
  • Using the IslaCart Marks or a confusingly similar mark in a way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by IslaCart , Inc. or that can be reasonably interpreted to suggest information comes from, or represents the views or opinions of IslaCart , Inc. or an IslaCart employee.
  • Using the IslaCart Marks in a product unless we’ve given you our permission in writing.
  • Using any trademarks, service marks, trade dress, designs or logos that are confusingly similar to the IslaCart Marks or the look and feel of the IslaCart website.
  • Using the IslaCart Marks in any way or on any website that contains or promotes adult content, gambling, or otherwise violates applicable law or regulation.
  • Using the IslaCart Marks in a manner that is in IslaCart ’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, tarnishing, obscene or otherwise objectionable to IslaCart .

 

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