Terms of Use

Last Update: Oct 1, 2018

The following terms and conditions (“Terms of Service”) apply to the usage of caribbeanmakers.com. By using caribbeanmakers.com website and all services provided by Caribbean Makers B.V. / LLC you (buyers and vendors on the platform) are agreeing to be bound by the following terms and conditions.

Caribbean Makers B.V. / LLC reserves the right to update and change the Terms of Service as necessary without prior notice. Any new features or enhancements of the platform shall be subject to the Terms of Service unless stated otherwise. In addition to the terms of use Caribbean Makers also provides a document specifically for vendors specifying Vendor Terms & Conditions.

Violation of the terms of use below or the Vendor Terms & Conditions may result in the termination of your account. While Caribbean Makers prohibits inappropriate conduct, you understand and agree that Caribbean Makers cannot be responsible for the content posted on the platform and that you may be exposed to such content, nonetheless. You agree to use of the Caribbean Makers website and services at your own risk.

Caribbean Makers operates as an online marketplace, connecting buyers and sellers, also referred to as vendors, of Caribbean Made products and experiences.

By creating a user account on our platform, making a purchase or signing up for our newsletter you are aware that we are requesting your information for the purpose of having access to certain functionalities of the platform (for example: you can only leave reviews or track your order history by having a user account); for the purpose of finalizing a transaction (we need your payment details for the payment and address for the shipment); and finally your email address in the case that you have indicated to desire to receive emails from us occasionally. We will only use your data for the above mentioned respective purposes. You are aware that we do not intend to pass on your personal information to any third parties. However, we do work with third parties to process your purchase, payment and shipment, who will have access to the information you provide on our platform and we are not liable for the manner in which they use your data.

Warranty & Limited Liability

While Caribbean Makers B.V. / LLC has made every effort to ensure that the content on the platform is free from error we cannot guarantee accuracy, adequacy or completeness of content on the caribbeanmakers.com site. All content is provided without guarantees or warranties of any kind, either explicit or implied. All content is subject to change without notice and Caribbean Makers B.V. / LLC does not guarantee that caribbeanmakers.com is free from viruses or defects.

Subject to any warranties implied by law and which cannot be excluded, Caribbean Makers B.V. / LLC is not liable to you for any direct, indirect, special or consequential losses, damages, liabilities, claims and expenses (including but not limited to legal cost and defense or settlement costs) whatsoever arising out of or referable to content on the Caribbean Makers website, or to your use, access to, or purchase on the website whether such liability exists in contract, tort including negligence, statute or otherwise. Caribbean Makers does not produce the products sold on our platform, but acts as intermediary between buyer and seller and therefore cannot be liable for any product deficits.

Availability

The availability of caribbeanmakers.com is not guaranteed as maintenance on the platform can have an affect on the accessibility. Routine and planned maintenance work will be carried out at low use intervals and with notice to the users.  Nevertheless, it may occur that maintenance or development work needs to be done to the development of the platform without notice, in cases of unexpected events. Resultantly, no claims can be made against Caribbean Makers B.V. / LLC in the event that non-availability of the platform affects purchase agreements.

Account Terms

It is generally free to visit and view the items and experiences on caribbeanmakers.com. However, account/member registration is necessary for other functions, such as becoming a vendor and placing items or experiences online and for the purchase of these products.

By registering for an account, users of caribbeanmakers.com agree to the following terms and conditions:

1. You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.

2. You must provide a valid email address, and any other information requested in the user-account details in order to complete the signup process. Users are personally responsible for keeping their personal and contact information up to date.

3. When registering the user selects a username and password, which is sufficiently complex and secure, the user is personally responsible for updating and maintaining this as necessary. Caribbean Makers B.V. / LLC is not liable for any damages that may occur as a result from the failure to comply with this security obligation and safeguard your password.

4. User accounts are personal and may only be used by one person – a single login shared by multiple people is not permitted. Furthermore, your user account may not be transferred to others. Special rules may apply for agents that act as wholesalers, please contact us for more information. contact@caribbeanmakers.com.

5. Users are responsible for all content posted and activity that occurs under your account.

6. Users may not use the caribbeanmakers.com platform for any illegal or unauthorized purpose. Nor is it permitted to divert visitors to websites run by competing companies.

7. Caribbean Makers reserves the right to close user accounts in the event that the user failed to uphold good conduct.

Copyright and Content Ownership

Caribbean Makers B.V. / LLC claims no intellectual property rights over the material you provide to caribbeanmakers.com. Likewise, your profile, account information, images and all other uploaded content remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.

Caribbean Makers B.V. / LLC pre-screens and pre-approves content, but before and approval Caribbean Makers B.V. / LLC has the right to refuse or remove any content that is available via caribbeanmakers.com.

The look and feel of caribbeanmakers.com is copyright © Caribbean Makers B.V. / LLC, all rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements, logo, domain name or any other website content without express permission from Caribbean Makers B.V. / LLC Material uploaded by Caribbean Makers vendors are the property of the vendors and are also subject to copyright regulation. Making use of images, graphics, text or information from vendors on caribbeanmakers.com requires permission from the vendors in question.

By creating an account the vendor grants Caribbean Makers B.V. / LLC the right to use; reproduce, adapt and distribute the vendor’s content, this includes logo, images, text in advertising endeavors. The right to advertise concludes upon termination of the vendor account in question. However, previously produced advertising material is to be used during a transitional period of 1 year.

Payments, Downgrading and Refund Terms

Making use of paid accounts requires a fee, which is billed annually and is non-refundable. There will be no refunds or credits for partial months of using the platform, downgrades or for months unused with an open account. To maintain fairness no exceptions are applicable. Please bear in mind that downgrading or cancelling your account may cause loss of content, features or capacity and Caribbean Makers B.V. / LLC is not liable for any associated loss.

Cancellation and Termination

The user of the account is solely responsible for correctly terminating the account. An account can be cancelled at any time by sending an email to contact@caribbeanmakers.com. Caribbean Makers B.V. / LLC will respond with a confirmation mail and your account will be cancelled shortly hereafter.

In the event of account termination all associated content with the user account will be deleted from caribbeanmakers.com. After deletion of this information it cannot be recovered.

If the user account is cancelled before the end of the current paid up year, the account cancellation will take effect immediately and the user will not be charged again for the upcoming period.

Caribbean Makers B.V. / LLC, in its sole discretion, has the right to suspend or cancel any account at any time, including refusal of future use of the platform for any reason at any given time as we deem fit.

Modification to Platform and Prices

Caribbean Makers B.V. / LLC has the right to modify, discontinue, temporarily or permanently features and services of caribbeanmakers.com with or without notice. Caribbean Makers B.V. / LLC is not liable for any abovementioned change in features or service of caribbeanmakers.com

Prices and terms and conditions of the platform usage can be changed at any time, but are subject to a 30 days notice. Notice may be given by communicating changes through the website caribbeanmakers.com or email.

General Conditions

1. Use of the caribbeanmakers.com platform is at your own risk.

2. Technical support is provided and available via mail. However, we make no guarantee on the timeliness and completeness of response to the support requests.

3. Caribbean Makers B.V. / LLC uses third party vendors, payment processors and hosting partners to provide hardware, software and related technology to run the platform and is not liable for any shortcomings of any of these parties.

4. You may not modify, adapt, or hack the platform or create another website in the image of caribbeanmakers.com as to falsely imply that it is associated with caribbeanmakers.com, Caribbean Makers B.V. / LLC or any Caribbean Makers service in any way. In addition, it is not allowed to reproduce, duplicate, copy, sell, resell or exploit any part of the caribbeanmakers.com platform in any way without the explicit permission from Caribbean Makers B.V. / LLC.

5. Users, vendors as well other users, are under no condition allowed to upload “spam” messages, disrespectful text or images, or transmit viruses to the platform.

6. Caribbean Makers B.V. / LLC reserves the right not remove any content or account that is considered offensive, threatening, defamatory, obscene or otherwise objectionable. Additionally, any direct verbal, physical, written or other abuse, such as threats, will also lead to account termination and removal.

7. Caribbean Makers B.V. / LLC does not guarantee that the caribbeanmakers.com platform will meet each users specific needs, that the accessibility will never be interrupted, that the information provided is error free, that the purchases on the platform will meet your expectations, or that any supposed errors on the platform will be modified.

8. You understand and agree that Caribbean Makers B.V. / LLC 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 Caribbean Makers B.V. / LLC has been advised of the possibility of such damages).

9. The failure of Caribbean Makers B.V. / LLC to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision.