Terms & Conditions (Platform Use)

Please read the following Terms and Conditions carefully before using this Site or opening a Cartspree account (Online Store or Buyer Account) so that you are aware of your legal rights and obligations with respect to Cartspree Online Shopping Mall Platform’s Terms of use.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:  "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. 

By accessing this website we assume you accept these terms and conditions. By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink. Cartspree Online Shopping Mall or herein referred to as Cartspree® reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

Cartspree reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Cartspree may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Cartspree may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

Cartspree reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

 i.          Account

You would need to have an account with Cartspree (whether as a buyer or as a store owner) in order to use some parts of the Services. When you create an Account, you represent and warrant that: If you are an individual, you are at least 18 years of age at the time of the creation of your account. If you are representing a company or an organization, that you possess the necessary supporting document to vouch for your authority to create an account within the Cartspree Platform and to bind the Entity to these Terms. That you are capable of entering into and performing legally binding contracts under applicable law.

All information which you provide is accurate, up to date, truthful and complete. If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities. You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to: Keep your password secure.

Keep your account information up to date at all times. Comply with Cartspree’s prevailing policies and guidelines (which form a part of these Terms) and all applicable laws with respect to your activities and the Content which you upload to the Services. Unless expressly permitted by Cartspree and subject to these Terms and any other additional terms as Cartspree determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission. 

ii.               Privacy Policy 

Your privacy is extremely important to us at Cartspree. We want to provide you a pleasant buying and selling experience on Cartspree and make you feel comfortable and safe while doing so. This Privacy Policy supplements our Terms of Service and explains how we handle information collected and received in the course of your use of our website, mobile applications and services (collectively, the “Services”). It also governs the collection, use and disclosure of your information.

iii.               Information we Collect and Receive

We may collect and receive information from you in the following situations:

1. When you register for an account with us (whether as a buyer or as a seller).
2. When you choose to connect your Account with an external third party service or application, such as Facebook. If you choose to use your Facebook account to register for an Account and/or connect to your Account, the following will apply to you:

• Use your Facebook Profile Picture as your Cartspree profile picture
• Use your Facebook Name as your Cartspree username.
• Use the email address in your Facebook account as your email address for your Account

The Facebook Connect feature will neither modify nor access the private content of your Facebook account. However, Facebook Connect shall allow Cartspree to:

• Use the features and functions available on our Services, for example, by creating listings, interacting with other users through our chat feature, or transacting with other users.
• If you contact us, for example, with a query or to report a problem.
• When you register for a survey, campaign, contest and/or lucky draw with us.
• When you interact with us offline or through an external third party.

3.You are under no obligation to provide the information to us. However, if you choose to withhold the information or to revoke permission for us to receive the information, we may be unable to provide certain aspects of our Services to you.

4.By providing us with any information relating to a third party (e.g. information of your spouse, children, parents, and/or employees), you represent to us that you have validly obtained the consent of the third party to provide us with their information for the respective purposes.

5.We may collect and receive the following information. Please note that not all of our Services collect all of the information listed below:

• Account credentials such as username.
• Profile information such as, name, gender, email address, profile photo, mobile number, date of birth.
• Information required for payment and shipping services such as credit or debit card details, bank account, SSS, GSIS, BIR TIN number, address, mobile number.
• Location information such as last known location, meet-up location.
• Any other information disclosed by you in any of the above-mentioned methods and/or through the use of our Services.
• Aggregate data collected through the use of our Services.
• Any communications between you and another user of our Services.
• Your interactions with others

6.Our Services offer features which allow users to connect and communicate in groups which are public or semi-public, and to share information with each other to complete a transaction. Please use common sense and exercise good judgement when sharing information in these groups or with others. We generally do not monitor or remove the information which you share and such information may remain available on our Services after your Account has been deactivated, terminated or is otherwise closed. You are responsible for the information you choose to share in these groups or with other users.

7.Why we collect the information and how we use it?

We may use the information collected and received from you for the following purposes:

• To verify your identity, update our records and generally maintain your Account with us.
• Provide our Services and customise the content shown to you.
• Develop, operate, improve, deliver and maintain our Services.
• To process transactions.
• To process or arrange payment and/or shipping services.
• To process or resolve any dispute arising from or in connection with any transactions, in accordance with our Terms of Service.
• To detect or monitor any frauds or other prohibited content, businesses or activities.   
• Responding to your queries and resolving complaints.
• To facilitate, confirm and/or provide updates or notifications in relation to any transactions.
• Carry out polls, surveys, analysis and research on how our Services are being used and how we can improve them.
• To update you on your listings and our Services (e.g. new offers, new chats, new feedback, new comments). These updates will be sent by email and/or through push notifications and you can choose to unsubscribe from these updates at any time through the “Settings” page of your Account.
• To send you marketing and/or promotional materials on the latest products and services of Cartspree or carefully selected third parties. These updates will be sent by email and/or through push notifications and you can choose to unsubscribe from these marketing communications via the link in the email you have received and/or through the “Settings” page of your Account. These marketing communications may also be communicated to you through text messages and/or voice calls if you have indicated that you wish to receive such updates through these methods. For more information on anonymous advertising, including to understand what opting-out means and your opt out choices, please see the Section 5 below.
• To send you service-related messages including, without limitation, a welcome/confirmation email when you register your Account and to enforce our Terms of Service and other policies. These messages are not promotional in nature. These messages will be sent by email and/or through push notifications and you may not opt-out of receiving service-related messages from Cartspree, unless you deactivate your account.
• Perform functions or services as otherwise notified to you at the time of collection such as to publish and/or use for our marketing purposes, your feedbacks and stories.
• To provide you a more tailored online advertising experience. Cartspreel has in place, tools and services are used to create advertisements, to deliver advertisements to devices on behalf of advertisers, to monitor the success of and manage advertising campaigns, and to present you with advertisements that are more likely to be interesting and relevant to you. Delivering relevant ads that are tailored to users’ interests is known as “interest based advertising” (sometimes also referred to as “behavioural advertising”). For more information on interest-based advertising, including to understand what opting-out means and your opt out choices for your devices, including computer browsers and mobile browsers and devices, please see the Section 10 “Cartspree Opt-Out” below.
• If you are a member of our survey panel, your information may also be used to manage your panel membership; send you service-related messages, new survey opportunities and updates on your rewards and incentives. These updates will be sent by email and/or through push notifications and you can choose to unsubscribe from these updates through the relevant email and/or “Settings” page of your Account. These updates may also be communicated to you through text messages and/or voice calls if you have indicated that you wish to receive such updates through these methods.
• To provide and carry out cross-application and cross-device advertising (i.e.advertising across browsers and applications on a single device, as well as cross-device advertising), advertising delivery and reporting. Information include information described above and data and collected from a particular computer, browser or device and may be used with another computer, browser or device that is linked to the computer, browser or device on which such data was collected.
• To to generate a "Lookalike audience" or "similar audience" of prospective users through the Facebook or Google advertising platforms and/or similar service providers. This allows us to deliver targeted advertisements on their networks to potential users, where such potential users may have shared interests or similar demographics to our existing users, based on the data of these advertising platforms. We typically do this by uploading a list of email addresses in a secured manner. Facebook's policy is to irreversibly hash (encrypt) such lists locally and prior to uploading. Facebook will then match the hashed data against their own user and generate the lookalike audience. The uploaded list will then be deleted and will not be used for any other purposes. Cartspree will not have access to the identity of any user in the lookalike audience, unless such individual chooses to click on the advertisements we deliver.  If you wish to opt out of "similar audiences" in Google, you can do so through your Google Ads Settings.
• To comply with applicable Anti-Money Laundering and Countering the Financing of Terrorism regulations and other applicable laws and regulations.

  iv.               Who we share your information with

To the extent necessary and as permitted by law, we may share information about you in the following ways:

• We may share the information with our subsidiaries and any affiliated companies that form a part of our group of companies for the purposes as set out in clause 4 above. For purposes of this Privacy Policy, an affiliate shall mean any entity which directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of greater than 50% of the voting equity securities or other equivalent voting interest of the entity.   
• When you register for an Account, the information that you make available on your profile may be viewed by other users of our Services. Other users of our Services would also be able to view the content which you upload and share on our Services.
• We may share the information with our affiliates and with third party service providers who assist us in performing certain aspects of our Services on our behalf, such as processing transactions, payment or shipping services, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks. Such service providers will only have access to your personal information to the extent necessary to perform their functions.
• We may share the information with our potential partners, investors and other parties with a view to a potential business partnership, collaboration, joint venture or otherwise in furtherance of our business.
• We may share any information collected in accordance with this Privacy Policy with: (i) governmental and other regulatory authorities or the courts in any jurisdiction; (ii) any third party claimants or potential third party claimants; or (iii) your card issuing bank, financial institution and/or payment service provider, to process or resolve any chargeback, payment reversal and/or dispute arising from or in connection with a transaction using our Services in accordance with our Terms of Service.
• In addition to other information described in this Privacy Policy, we may collect and share with third party data management platforms or advertising and analytics partners precise location information. This location information may be used by itself, aggregated, or combined with mobile identifiers (such as IDFAs and Android IDs), and shared with third parties for purposes related to advertising, analytics, attribution (e.g., measuring ad performance), analytics and market research. We have included the links to their privacy policy in the Partners tab in our platform.
• We may disclose your personal information if required to do so by law or if we believe that such action is necessary to prevent fraud or crime or to protect our Services or the rights, property or personal safety of any person.

We respect your privacy and we will not sell your personal information to any third party. We may disclose data and aggregate statistics about users of our Services and sales to prospective partners, advertisers, sponsors and other reputable third parties in order to describe our Services, deliver targeted advertisements or for other lawful purposes, but these data and statistics will not include information which can be used to identify you.

V.             Protecting your information

The security of your information is important to us. We have security measures in place to protect against the loss, misuse and alteration of the information under our control.  We also follow generally accepted industry standards to protect the information transmitted to us over the Internet, both during transmission and once we receive it. Sensitive information (such as credit card numbers) are encrypted using secure socket layer technology (SSL). However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

It is important that you protect against unauthorised access of your Account and information by choosing your password carefully, and keeping your password and Account secure (e.g. by signing out after using our Services).

Deleting, accessing and updating your information

You may access and update your information within our Services through the “Settings” page of your Account.Where you provide personal information about yourself to us, you are responsible for providing accurate, not misleading, complete and up-to-date information about yourself and any other person whose personal information you provide us, and to update this personal information as and when it becomes inaccurate, misleading, incomplete or out-of-date.

In certain circumstances, you may need to provide to us personal information about someone other than yourself. If so, we rely on you to inform these individuals that you are providing their personal information to Cartspree, to make sure they consent to you giving us their information and to advise them about where they can find a copy of this Privacy Policy.

Deleting your information: Please note that, in certain circumstances, We will not be able to delete your information without also deleting your Account. We may be required to retain some of your information after you have requested deletion, to satisfy our legal or contractual rights and/or obligations. We may also be permitted by applicable laws to retain some of your information to satisfy our legitimate business needs.

Tracking technologies

We use tracking technologies on our Services. These enable us to understand how you use our Services which, in turn, helps us to provide and improve our Services. However, the tracking technologies do not access, receive or collect information which can be used to identify you. We have listed below some examples of the tracking technologies used on our Services:

Cookies - A cookie is a small data file sent from a website to your browser that is stored on your device. Cookies are used for a number of purposes, including to display the most appropriate content based on your interests and activity on our Services, estimate and report our Service's total audience size and traffic, and conduct research to improve our Services. You can configure your device's settings to reflect your preference to accept or reject cookies. If you reject all cookies, you will not be able to take full advantage of our Services.

Clear gifs - We employ a software technology called clear gifs (a.k.a. web beacons or web bugs) to help us better manage content on our Services by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence.

Flash cookies -  We use Flash cookies (a.k.a local shared objects or LSOs) to store some of your viewing preferences on our Services. These are used to collect and store information, but differ from browser cookies in the amount, type and manner in which data is stored.

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy at any time and all changes will be posted here. If we believe that the changes are material, we will notify you of the changes by posting a notice on our Services or by email. You are responsible for reviewing the changes which we make this Privacy Policy. Your continued use of our Services constitutes your acceptance of the updated Privacy Policy.

Third party sites and resources

Our Services may, from time to time, contain links to external sites or resources which are operated by third parties. We have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties.

License

        I.            Cartspree grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Cartspree and where applicable. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

      II.            You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Shopee. You acknowledge that Shopee may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

PURCHASE AND PAYMENT

        I.            Cartspree supports one or more of the following payment methods:

• Credit Card

Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.

• Cash on Delivery (COD)

Cartspree provides COD services in selected areas. Buyers may pay cash directly to our partner courier upon their receipt of the purchased item.

• Bank Transfer

Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Bank Account. Buyer must provide Cartspree with the transfer receipt or payment transaction reference for verification purposes through the ‘Upload Receipt’ function found in Cartspree’s app as payment confirmation. If payment confirmation is not received by Cartspree within three (3) days, Buyer’s order will be cancelled.

      II.            Buyer may only change their preferred mode of payment for their purchase prior to making payment.

    III.            Cartspree takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

    IV.            At the moment, Cartspree is only able to make payment to Users via bank transfer. Hence, Users are required to provide Cartspree with his/her banking details in order to receive payments i.e. from the sale of item or refund from Cartspree.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions:

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.