Terms & Conditions Updated as of 08 March 2008
 

1. Introduction

 

The use of CartMomo (hereinafter referred to as the "Site" or "SITE") is governed and maintained by the terms and conditions set forth below. Please read them carefully. Your use of this Site indicates your acceptance of these terms and conditions. CartMomo reserves the right to make changes to, add or remove information, data, layouts, services, text, software programs, artworks, photographs, graphics, animations, video, messages or other materials (hereinafter referred to as the "Content" or "CONTENT") of the Site, as well as these terms and conditions at any time.

 
 

2. CartMomo, an Open E-Commerce Platform

 

Cartmomo is an open E-Commerce platform that offers sellers to setup their virtual space to offer, sell, and transact on the Internet. In any case, CartMomo would not be involved in the actual transaction between buyers and sellers. Therefore, CartMomo has no control over the quality, safety or legality of the items or information posted by users on CartMomo, and guarantee that all transactions between the buyer and seller is completely legal .

Under no circumstances will CartMomo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.

 
 

3. As a CartMomo Seller

 

3.1 Conduct of Seller

You have read through, understood, and agreed to oblige to the terms listed in the Conduct of User Section (Section 5.0).

3.2 Listing of Products

You agree to sell item(s) that are legal on CartMomo. It is your responsibility to describe your item(s) and all terms of sales to the buyers. In any case, if you have intentionally updated item information (e.g. item net selling price) after a successful transaction of the same particular item, you agree to offer the item at the state before the update was being initiated.

3.3 Fulfilling your Offer

Upon receiving the full payment from the buyer, you are obligated to complete the transaction unless unexceptional cases such as:

a. the buyer fails to provide necessary information (e.g. delivery address) for you to fulfill the order.

3.4 Fraud

In any case if there is sufficient evidence suspecting or proofing you engaging in any deceitful activity in connection with CartMomo.com, CartMomo may, in its sole prudence, suspend or terminate your account without prior notice.

3.5 Termination of Seller Account

In any case if you wish to terminate your seller account, you must:

- Stop accepting new orders from buyers;
- Fulfill all buyer order(s) who have made their purhcase payment to you; and
- Send an notification notice to terminate@cartmomo.com.

You solely agree that there would not be any subscription refund made to you, if your account subscription's expiry date is less than two months from the date we have received the termination notification from you.

 
 
4. As a CartMomo Buyer
 

4.1 Conduct of Buyer

You have read through, understood, and agreed to oblige to the terms listed in the Conduct of User Section (Section 5.0).

4.2 Accepting an Offer

By successfully checking out from any seller's e-cart, you agree to accept the seller's offer and to complete the transaction with the seller.

4.3 Refund

In any case if you would like to request a refund from a seller, you are to contact the seller directly.

 
 

5. Conduct of User

 

You understand that the Content, whether openly posted or privately transmitted, is the sole responsibility of the person from which such Content has originated. This means that you are entirely responsible for all Content that you upload, download, post, email or otherwise transmit via the Site.

 

You agree not to use the Site to;

-upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

- harm minors in any way;

-impersonate any person or entity, including, but not limited to, a CartMomo.com officer, a CartMomo.com member than yourself or falsely state or otherwise misrepresent your affiliation with any person or entity;

-forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;

-upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships(such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

-upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party unless given permission by its respective authorities;

-upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

-upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

-disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

-interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

-"stalk" or otherwise harass another;

-or collect or store personal data about other users.

 

 

6. Links

 

Although the Site includes links providing direct access to other Internet sites, CartMomo takes no responsibility for the Content contained on those other sites, and does not exert any editorial or other control over those other sites. CartMomo.com is providing information and services on the Internet as a benefit and service.

 
 

7. Copyrights

 

CartMomo is a copyright of MDEAS PTE LTD and possesses a copyright on all Content found on the Site and on the domain cartmomo.com, except contents that are posted by users. Any reproduction, retransmission, or republication of all or part of any document found on the Site is expressly prohibited, unless MDEAS PTE LTD has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights are reserved. The names, logos of CartMomo that appear on the Site may not be used in any advertisement, publicity, or otherwise to indicate CartMomo sponsorship of, or affiliation with, any product or service, without prior express written permission and approval from MDEAS PTE LTD.

 
 

8. Disclaimer of Warranties

 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. CARTMOMO.COM DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CARTMOMO.COM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE.

CARTMOMO MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY CONTENT OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

 
 

9. Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARTMOMO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CARTMOMO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF CONTENT RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSION OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE.

 
 
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