1. Introduction
1.1 Welcome to Curvmart
Welcome to Curvmart, an e-commerce platform designed to connect buyers and sellers in a secure and efficient environment. These Terms and Conditions ("Terms") govern your use of our website, mobile application, and any related services provided by Curvmart ("Platform"). By accessing or using our Platform, you agree to be bound by these Terms, along with our Privacy Policy and any other legal notices or guidelines published on our Platform.
1.2 Acceptance of Terms
By using Curvmart, you accept and agree to be bound by these Terms, as well as any future updates or amendments. If you do not agree with any part of these Terms, you must discontinue your use of the Platform immediately.
1.3 Modification of Terms
Curvmart reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our Platform. You are responsible for reviewing these Terms regularly to ensure you are aware of any modifications. Continued use of the Platform after changes have been posted constitutes your acceptance of the revised Terms.
1.4 Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use Curvmart. By using the Platform, you represent and warrant that you meet these requirements. If you are using the Platform on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Definitions
In these Terms, unless the context otherwise requires:
"Platform" refers to the Curvmart website, mobile application, and any related services provided by Curvmart.
"User" refers to any person or entity that accesses or uses the Platform, including both buyers and sellers.
"Buyer" refers to any User who purchases products through the Platform.
"Seller" refers to any User who lists and sells products through the Platform.
"Product" refers to any item listed for sale by a Seller on the Platform.
"Order" refers to a request by a Buyer to purchase one or more Products from a Seller.
"Content" refers to any text, images, video, audio, or other material submitted, posted, or otherwise provided by Users on or through the Platform.
3. User Account
3.1 Account Creation
To access certain features of the Platform, you may be required to create an account. When creating an account, you agree to:
Provide accurate, current, and complete information as prompted by the registration process.
Maintain and promptly update your account information to keep it accurate, current, and complete.
Maintain the confidentiality of your account login information and be fully responsible for all activities that occur under your account.
Notify Curvmart immediately of any unauthorized use of your account or any other breach of security.
3.2 Account Security
You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password, whether your password is with our Platform or a third-party service. You agree not to disclose your password to any third party. Curvmart cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.3 Account Termination
Curvmart reserves the right to terminate or suspend your account at any time, without prior notice or liability, for any reason, including but not limited to:
Breach of these Terms.
Non-compliance with applicable laws or regulations.
Misuse of the Platform.
Fraudulent or illegal activities.
Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may do so by following the instructions on the Platform.
4. Use of the Platform
4.1 Permitted Uses
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform in accordance with these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Platform as provided by Curvmart.
4.2 Prohibited Uses
You agree not to use the Platform for any of the following purposes:
Engaging in any activity that would constitute a violation of any applicable law, regulation, or legal obligation.
Posting or transmitting any Content that is unlawful, fraudulent, defamatory, obscene, pornographic, offensive, or otherwise objectionable.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Engaging in any activity that interferes with or disrupts the functioning of the Platform or the servers and networks used to operate the Platform.
Using any automated means, such as bots, crawlers, or scrapers, to access the Platform for any purpose without Curvmart's express written permission.
Attempting to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform, through hacking, password mining, or any other means.
5. Buying on Curvmart
5.1 Placing Orders
When you place an Order on Curvmart, you agree to the following:
Product Information: You are responsible for reviewing all information provided by the Seller about the Product, including price, description, and availability.
Payment: You agree to pay the full amount for the Product, including any applicable taxes and shipping fees, at the time of placing the Order. Payment must be made through the payment methods provided on the Platform.
Order Confirmation: Once your Order is placed, you will receive an email confirmation. The Order is considered accepted once the Seller confirms it, at which point a binding contract is formed between you and the Seller.
5.2 Payment Processing
Curvmart partners with third-party payment processors to facilitate payments for Orders. By placing an Order, you authorize Curvmart to charge your payment method for the total amount due. Curvmart is not responsible for any errors or issues that arise from the payment process, including those caused by the third-party payment processor.
5.3 Shipping and Delivery
The Seller is responsible for shipping the Product to you within the timeframe specified on the Product listing. Curvmart is not responsible for any delays in shipping or delivery, nor for any damage that occurs during transit. You are responsible for providing accurate and complete shipping information.
5.4 Order Cancellation and Modifications
You may cancel or modify your Order only before it has been processed by the Seller. Once the Order is processed, it cannot be canceled or modified, and you must follow the Seller's return policy if you wish to return the Product.
5.5 Returns and Refunds
If you are not satisfied with your purchase, you may return the Product in accordance with the Seller's return policy. The Seller is responsible for handling returns and issuing refunds. Curvmart may, at its discretion, assist in mediating disputes between Buyers and Sellers regarding returns and refunds.
6. Selling on Curvmart
6.1 Seller Requirements
To sell Products on Curvmart, you must:
Create a Seller account and provide accurate and complete information about your business.
Comply with all applicable laws and regulations related to your business and the sale of Products.
Ensure that all Products listed on the Platform are accurately described and available for purchase.
6.2 Product Listings
When listing Products on Curvmart, you agree to:
Provide accurate and complete information about each Product, including price, description, and availability.
Ensure that all Product images are clear and accurately represent the Product being sold.
Update your listings promptly if any information about the Product changes.
6.3 Pricing and Payment
As a Seller, you are responsible for setting the price of your Products. Curvmart will collect payment from the Buyer on your behalf and will remit the funds to you, less any applicable fees, in accordance with the payment schedule provided in your Seller account.
6.4 Shipping and Delivery
You are responsible for shipping the Product to the Buyer within the timeframe specified in your listing. You must provide accurate shipping information and ensure that the Product is properly packaged to prevent damage during transit.
6.5 Returns and Refunds
You must establish and clearly communicate your return and refund policy to Buyers. You are responsible for handling all returns and refunds in accordance with your policy and any applicable laws.
6.6 Seller Performance
Curvmart may monitor your performance as a Seller, including your responsiveness to Buyers, shipping times, and the quality of your Products. Failure to maintain satisfactory performance may result in the suspension or termination of your Seller account.
7. Fees and Payments
7.1 Service Fees
Curvmart charges Sellers service fees for the use of the Platform, including but not limited to listing fees, transaction fees, and subscription fees. The current fee schedule is available in your Seller account and is subject to change. You are responsible for paying all applicable fees in accordance with the payment terms provided in your Seller account.
7.2 Payment Processing
Curvmart partners with third-party payment processors to facilitate payments for Orders. As a Seller, you authorize Curvmart to collect payments from Buyers on your behalf and to remit the funds to you, less any applicable fees. Curvmart is not responsible for any errors or issues that arise from the payment process, including those caused by the third-party payment processor.
7.3 Taxes
You are responsible for determining and paying any taxes that apply to your sales on Curvmart. Curvmart is not responsible for collecting, reporting, or remitting any taxes on your behalf. You agree to indemnify and hold Curvmart harmless from any liability for taxes, penalties, or interest related to your sales on the Platform.
8. Intellectual Property
8.1 Curvmart's Intellectual Property
The Platform and all content, features, and functionality, including but not limited to text, images, video, audio, software, and the Curvmart logo, are owned by Curvmart or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use, reproduce, modify, distribute, or create derivative works based on any part of the Platform without Curvmart's express written permission.
8.2 User-Generated Content
By submitting, posting, or otherwise providing Content on or through the Platform, you grant Curvmart a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, distribute, display, and perform such Content for the purpose of operating and promoting the Platform. You represent and warrant that you have the right to grant this license and that your Content does not infringe on any third party's intellectual property or other rights.
8.3 Infringement Claims
Curvmart respects the intellectual property rights of others and expects its Users to do the same. If you believe that your intellectual property rights have been infringed by Content on the Platform, please contact us at the address provided in these Terms with the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the infringing material is located on the Platform.
Your contact information, including your name, address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner's behalf.
9. Privacy and Data Protection
9.1 Privacy Policy
Curvmart is committed to protecting your privacy. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and share your personal information. By using the Platform, you agree to the collection, use, and sharing of your personal information as described in our Privacy Policy.
9.2 User Data
You retain ownership of any data you submit to the Platform, but you grant Curvmart a non-exclusive, worldwide, royalty-free license to use, copy, modify, distribute, and display your data for the purpose of providing and improving the Platform. You represent and warrant that you have the right to grant this license and that your data does not infringe on any third party's rights.
9.3 Data Security
Curvmart takes reasonable measures to protect the security of your data, but we cannot guarantee that your data will be secure from unauthorized access, use, or disclosure. You are responsible for taking steps to protect your data, including using strong passwords and keeping your account information confidential.
9.4 Data Breach
In the event of a data breach that affects your personal information, Curvmart will notify you as required by applicable law. We will take steps to mitigate the effects of the breach and to prevent future breaches.
10. Dispute Resolution
10.1 Informal Resolution
If you have a dispute with Curvmart, you agree to first contact us at support@curvmart.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations within 30 days of your initial contact.
10.2 Arbitration
If the dispute cannot be resolved informally, you agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with these Terms or your use of the Platform by binding arbitration. The arbitration will be conducted in the United States in the city and state where you reside, or in another mutually agreed location, in English, by a single arbitrator. The arbitrator's decision shall be final and binding, and the judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
10.3 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between you and Curvmart individually. To the fullest extent permitted by law, you agree that no arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures.
10.4 Exceptions
Notwithstanding the above, you or Curvmart may assert claims, if they qualify, in small claims court in the United States in the city and state where you reside. Curvmart may also seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or other proprietary rights.
11. Indemnification
You agree to indemnify, defend, and hold harmless Curvmart and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that arise from:
Your use of the Platform.
Your violation of these Terms or any other policy or agreement referenced herein.
Your violation of any law or regulation.
Your infringement of any third-party right, including without limitation any intellectual property right or privacy right.
12. Limitation of Liability
12.1 Disclaimer of Warranties
The Platform and all content, products, and services provided on or through the Platform are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Curvmart does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform is free of viruses or other harmful components.
12.2 Limitation of Liability
To the fullest extent permitted by applicable law, Curvmart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
Your use of or inability to use the Platform.
Any conduct or content of any third party on the Platform.
Any content obtained from the Platform.
Unauthorized access, use, or alteration of your transmissions or content.
In no event shall Curvmart's total liability to you for all claims related to the Platform exceed the greater of $100 USD or the amount you paid Curvmart in the 12 months preceding the event giving rise to the claim.
12.3 Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In these jurisdictions, Curvmart's liability will be limited to the greatest extent permitted by law.
13. Termination
13.1 Termination by Curvmart
Curvmart reserves the right to terminate or suspend your account and access to the Platform at any time, without prior notice or liability, for any reason, including but not limited to:
Breach of these Terms.
Non-compliance with applicable laws or regulations.
Misuse of the Platform.
Fraudulent or illegal activities.
13.2 Termination by User
You may terminate your account at any time by following the instructions on the Platform. Upon termination of your account, you must cease all use of the Platform. Any outstanding obligations or liabilities that you have incurred prior to termination shall survive such termination.
13.3 Effect of Termination
Upon termination of your account, you will lose access to any Content or data associated with your account, and Curvmart may delete such Content or data. Curvmart shall not be liable to you or any third party for any termination of your account or loss of Content or data.
14. Miscellaneous
14.1 Entire Agreement
These Terms, along with any other policies or agreements referenced herein, constitute the entire agreement between you and Curvmart regarding your use of the Platform and supersede any prior agreements or understandings, whether written or oral, between you and Curvmart.
14.2 Waiver
The failure of Curvmart to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Curvmart.
14.3 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified to the extent necessary to make it valid and enforceable.
14.4 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Los Angeles County, California, and you hereby consent to the personal jurisdiction and venue of such courts.
14.5 Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Curvmart Email: support@curvmart.com