Cahootsy's Terms of Service

Last modified: 12 December 2014

A note from us

Welcome aboard Cahootsy, a marketplace for Sellers and Buyers to collaborate over shopping for mutual benefit.
The Cahootsy marketplace provides the tools for Users to connect, share and group together on shopping and purchases.
Now on to the Legal bit - the terms on which you use our Site. Please read them as they're important.

Please read our terms of use ("Agreement") carefully before you start using our website, applications and the services offered by Cahootsy. By accessing or using the Site, including but not limited to, posting or sharing any content, such as URL links, images, audio, video and text ("Content") you are agreeing to use the Site only for lawful purposes and you agree to comply with and be bound by the Agreement. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

This Agreement applies to all Users of the Site and the Services, including (without limitation) Users who are Sellers, customers, merchants, contributors of Content and other materials or services on the Site. If you do not agree to be bound by this Agreement please do not use this Site.

About Us and Definition

Cahootsy Limited ("Cahootsy", "our", "us", or "we") provides the services offered on www.cahootsy.com, the Cahootsy widget and other associated websites (the "Site"). Cahootsy is incorporated and registered in England and Wales, with our registered office at 145-157 St John Street, London EC1V 4PW, United Kingdom. The term "Cahootsy" or "our", "us" or "we" refers to the owner of the Site. The term "you" or "Member" refers to the user or viewer of this Site.

Cahootsy as a Marketplace

Cahootsy is a marketplace that allows users who comply with Cahootsy's policies to offer, sell and buy goods in a variety of pricing formats. Cahootsy is not directly involved in the actual transaction between Buyers and Sellers. Consequently Cahootsy has no control over the quality, safety, legality or any other aspect of the Items advertised for sale on the Site; the truth or accuracy of User’s content, listings or feedback; the ability of Sellers to sell Items; the ability of Buyers to purchase Items; or that the Buyer or Seller will actually complete a transaction or return an item.

You use the Site and the Services at your own risk.

Cahootsy encourages you to communicate directly with a potential transaction partner through the tools available on the Site.

Registration and Your Account

To be a Registered User of the Site you need to register on www.cahootsy.com by creating an account with your user name and e-mail address, or logging in via your Facebook account (an "Account"). You must create an Account to access certain features of the Site, the Services and to post any Content on the Site.

To sell Items on the Site you must provide and maintain valid payment information including, but not limited to, valid credit card information or a valid 'Stripe' account. The Merchant Seller Agreement in place between Cahootsy and all Sellers provides further details with regard to payment information requirements.

When you post or share any Content to and from a third party service, including, but not limited to, Facebook, Twitter, Tumblr or Instagram, you must connect your third-party site to your Account. By connecting your Account you are allowing Cahootsy to access your account information and you are agreeing to abide by the applicable terms and conditions of the third party site in your use of the Services through such third party.

You agree to provide true, complete, accurate and up to date information when registering your Account and agree to update such information so it remains accurate. Cahootsy reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter is untrue, incomplete or inaccurate. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are not permitted to transfer or sell your Account and/or user name to another party.

You take sole responsibility for any activities or actions undertaken through your Account, whether or not you have authorised such activities or actions. You will immediately notify Cahootsy of any breach of security or unauthorised use of your Account, user name, email, passwords or security information by contacting privacy@cahootsy.com

Eligibility and Site Access

The Site and the Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site or the Services by anyone under 18 must at all times be under the supervision of a parent or legal guardian who is at least 18 years of age. By accessing or using the Site or the Services you represent and warrant that you are 18 or older or represent on behalf of an individual under 18 that they you are their parent or legal guardian and they are accessing the Site under your supervision. All purchases of Items on the Site must be made by Users who are over 18 years of age.

You may as part of your use of the Site, copy electronically and print portions of it solely for your own personal use and you are not permitted use such access or Content to generate income of any kind. You may not use this Site or any data or information made available on this Site in connection with any business or commercial purposes (whether or not for profit).

Content

Users may post comments, links and other Content to the Site. Cahootsy does not claim any ownership rights over any Content posted by users on the Site. By making available any Content through the Site or the Services, you grant Cahootsy a non-exclusive, worldwide, irrevocable, perpetual, transferable, royalty-free licence, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content only on, through or by means of the Site or the Services. You are solely responsible for all Content that you make available through the Site and the Services. You represent and warrant that you are the sole owner of all Content that you post to/make available through the Site and the Services and/or that you have all rights, licenses, consents and releases necessary to grant to Cahootsy the rights in such Content, as contemplated under this Agreement.

We expect all Registered Users to adhere to certain rules of conduct. Therefore, you agree, when using the Site, not to do any of the following, directly or indirectly:

1. Post, upload, submit, provide access to or transmit Content that:

  • is counterfeit or an infringement of any proprietary rights, including copyright, of any party, or Content that you do not have a right to make available;
  • restricts or inhibits any other User from using and enjoying the Site or the;
  • is in violation of local, national or international laws;
  • is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, obscene, libelous, or invasive of another's privacy, or harmful to minors in any way;
  • harasses, degrades, intimidates, discriminates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • includes personal or identifying information about another person without that person's explicit consent;
  • is false, deceptive, misleading, deceitful, mis-informative, contains your own or a third party's advertising, branding or promotional Content; or
  • takes any action to undermine online reviews or feedback.

2. To make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorised advertising or solicitation which:

  • relates to items that are sexual or pornographic in nature, arms or weapons of any kind, alcoholic items, tobacco items or other items or activities that are unlawful in any manner;
  • contains software viruses or any other computer code, files or programs designed to affect the use of any computer software or hardware or telecommunications network; or any form of “spam” and/or bring Cahootsy or the Site into disrepute; or
  • undermines the security of the Site or any information submitted to or available through it.

3. Interfere with the Services, or impose an unreasonable or disproportionately large amount of use of Cahootsy's infrastructure.

Please be aware that Cahootsy does not and cannot monitor all Content submissions made to the Site, and therefore Cahootsy will not be responsible for the Content of any submissions. Use of or reliance on User Content is entirely at your own risk. Cahootsy does not endorse any User Content nor vouch for its reliability or accuracy. Under no circumstances will Cahootsy be liable in any way for any Content. Cahootsy reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted Content.

Cahootsy assumes no responsibility for any contact you may have with other Users on the Site, either online or offline. If you elect to meet in person with someone you may meet on the Site, you do so at your own risk, and under no circumstances will Cahootsy be liable for any activity or injury that may occur.

Notifications and Service Messages

You agree that Cahootsy may provide notices to you in the following ways: (1) a banner notice on the Site; or (2) an email sent to the email address you provided when registering an Account. You agree to keep your contact information up to date at all times in accordance with section 2 above. Please review your Account settings to control and limit the kind of messages you receive from us.

Messages and Sharing

When you share information on the Site, other Users can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as your profile, Items you share, Items you love, Items you rate, people you follow and profiles you visit. Information and content that you share or post may be seen by other Registered Users or, if public, by all other Users. Where we have made settings available, we will honour the choices you make about who can see content or information (for example sharing to a group instead of your network, limiting your profile visibility, or not letting people know when you change your profile, make recommendations). Note that other activities, such as purchasing an Item or sending an email to a Seller, are by default private, and only visible to the addressee(s).

We are not obligated to publish any information or content on our Site and can remove it at our sole discretion, with or without notice.

Feedback System

Cahootsy provides an open platform for Users to express their opinion via commenting on Items or endorsements on User profiles. Buyers warrant that any review, feedback or rating which you leave about a Seller is bona fide. Buyers agree that any review, feedback or rating which you leave about a Seller will be published on the Site and made available to other Users. You agree that such information may be displayed for as long as we consider appropriate.

You agree not to hold us responsible for any feedback or ratings published on the Site and release us from and waive all rights against us in respect of any liability arising out of or in connection with the publication of any comments about you in the feedback and rating system.

If a User considers the feedback left by a Buyer to be unfair, they can request for it to be removed by contacting us at feedback@cahootsy.com. We reserve the right to remove feedback at our sole discretion, including (without limitation) if the feedback: (i) contains swearing or obscene language; (ii) relates to a complaint about the price of an Item; (iii) contains personal information; or (iv) is irrelevant or does not make sense.

Sellers are expressly prohibited from leaving feedback about themselves or any Item offered for sale by them on the Site. Improper use or manipulation of the feedback system by Sellers will not be tolerated. We reserve the right to suspend or terminate a Seller's Account immediately if we have reasonable grounds to believe that they have directly or via a third party manipulated feedback.

Selling and Buying on the Site

Sellers are responsible for accurately listing their Items and Buyers are responsible for reading the description of Items before making a purchase. All sales are binding on both Seller and Buyer once the Order Acceptance (as defined in the Order section below) has been received by the Buyer. The Seller is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner.

In connection with selling or buying on the Site you will not:

  • if a Buyer, fail to pay for Items purchased by you, unless there is an exceptional circumstance such as the Seller has materially changed the Item's description after you made the purchase or a clear typographical error is made;
  • if a Seller, fail to deliver Items sold by you, unless there is an exceptional circumstance such as the Buyer fails to meet the terms of the Seller’s listing (such as payment method) or the Seller cannot authenticate the Buyer’s identity; or
  • manipulate the price of any Item or interfere with any other User's listings. If you do manipulate the price of an Item or interfere with any other User's listings, we retain the right, at our sole discretion, to suspend or terminate your Account.

Payment and Shipping

All Items listed on the Site are available to purchase directly on the Site or via a 'Third Party Affiliate Partner'. The location of each Item is clearly marked next to the 'buy button' on the page each Item is displayed.

All Items purchased on the Site that have a purchase price of over twenty pounds sterling (£20) shall be shipped at no cost (there is no cost for delivering the Item).

Cahootsy use 'Stripe' to process all payment transactions of Items sold on the Site https://stripe.com/connect.

Payment Types

The Site offers Buyers ways to collaborate with Sellers in order to benefit from better prices.

Exclusive Discount Codes

From time to time Sellers may offer exclusive discount codes to Users on specific Items or on all Items within their page(s) on the Site (the Seller's "Store").

Followers of the Seller will be notified in their notifications and by email when a discount code is published.

To unlock a discount code Users are required to 'collaborate' by completing a task set by the Seller. Tasks will be clearly specified on the page of the Item the discount code is offered for and will include but not be limited to 'sharing' the Item on the User's Facebook page or adding the Item to their collection.

Once the discount code is unlocked it can be redeemed by the User in two (2) ways:

  1. directly on the Site by clicking 'Pay Now' and being directed through the purchase process for the Item; or
  2. indirectly by clicking 'Buy Now' and being directed to the Seller's own site.

Terms and conditions of each discount code are clearly stated on the page of the Item that lists the discount code and are solely the responsibility of the Seller. Cahootsy accepts no liability for the terms and conditions related to any discount code.

Competitions and Freebies

From time to time Sellers may offer exclusive Items for free or a selection of the Services as competition prizes to Users.

Followers of the Seller will be notified in their notifications and by email when a competition is published.

To enter a competition Users are required to 'collaborate' by completing a task set by the Seller. Tasks will be clearly specified on the page of the Item for which the competition is offered and will include but not be limited to 'sharing' the Item on the User Facebook page or adding the Item to their collection.

Terms and conditions of each competition are clearly stated on the page of the Item that lists the competition and are solely the responsibility of the Seller. Cahootsy accepts no liability for the terms of conditions related to any competition.

Co-Buys

Co-Buys are several purchases of the same Item within a fixed time period to enable a greater discount. The price of the Item drops as more Buyers purchase the Item. When a Buyer purchases a "Co-Buy", their card is authorised for the sale price of the Item at the time of purchase but is only charged with the final price reached at the end of the Co-Buy time period.

From time to time Sellers may offer exclusive Co-Buys on individual Items listed in their Store. Followers of the Seller will be notified in their notifications and by email when a Co-Buy is published.

  • Co-Buy discounts are available for a specified time period (typically 3-5 days) (the "Co-Buy time period").
  • All purchases must be completed within the time-frame specified on the Co-Buy offer.
  • You join a Co-Buy when you agree to purchase the Item by clicking the 'Pay Now' button.
  • When you join a Co-Buy you are making a commitment to purchase the Item at the offer price listed. As stated above your card will be authorised for this amount. This charge may or may not appear on your statement, depending on your bank or financial institution.
  • At the end of the Co-Buy time period the final discount will be applied across all purchases of the Item and your card will be charged the final price reached after such discount. You will be notified of the final price charged to your account via email. For the avoidance of doubt the final price of an Item on a Co-Buy will always be the same or lower than the price you authorised.
  • Your Item will be shipped within 7-10 days of the end of the Co-Buy time period.
  • You can improve the discount on a Co-Buy Item by inviting more people to join the co-buy you have joined by sharing the Co-Buy on Facebook or by email.

As per the provisions of Clause 6 of this Agreement, you will not manipulate the price of any Item or interfere with any other User's listings. If you do manipulate the price of an Item or interfere with any other User's listings, we retain the right, at our sole discretion, to suspend or terminate your Account.

Requesting a Co-Buy:

Cahootsy gives Users the tools to request their own Co-Buys. Users can create demand on authorised Items by using the 'vote for a co-buy' button on the page of the Item ("creating demand"). Users can also add Items to the Site and create demand in this way.

  • A minimum threshold of twenty (20) votes are required for a Seller to consider creating a discounted offer;
  • When you 'vote for a co-buy' you are expressly stating you wish to purchase the Item at a discount on the Site but you do not agree to purchase the Item (you merely state a desire to purchase it);
  • Creating demand on an Item does not obligate you to purchase the Item on the Site or on another site.
  • Once a Co-Buy discount is offered by a Seller all Users that voted for a Co-Buy will be notified by email and invited to join the Co-Buy.
  • Cahootsy does not guarantee that creating demand will result in a Co-Buy discount being offered by a Seller.

Orders

After a Buyer places an order for an Item sold on the Site they will receive an email receipt from Cahootsy, on behalf of the Seller, confirming that the Seller has received your order ("Order Receipt"). Please note that the receipt of this email does not mean that the Buyer’s order has been accepted, even if the Seller may have processed payment as the Buyer's order constitutes an offer to the Seller to buy their Items.

The contract between the Seller and the Buyer will only be formed when an email is sent to the Buyer confirming acceptance of the order ("Order Acceptance"). Cahootsy will send the Order Acceptance email on behalf of the Seller. The email will contain the applicable order number and applicable terms and conditions including returns and delivery policy of the Seller.

In the case of the purchase being a Co-Buy the Oder Acceptance email will be sent as soon as the Co-Buy time period ends.

Refund Policy

It is the Seller's responsibility to clearly detail its returns and refund policy for Buyers and the Buyers responsibility to read and understand the agreement they are entering with the Seller.

Cahootsy as the Seller

In the case that Cahootsy is the Seller of an Item, the following terms will apply:

All orders will be subject to acceptance by Cahootsy. Cahootsy is not obliged to accept your order and may, at their discretion, decline to accept any order prior to the provision of Order Acceptance. Where an order is accepted, Cahootsy will send to you the Order Acceptance and the terms and conditions governing the purchase including returns policy. The contract between you and Cahootsy in relation to the Items ordered (the Contract) will only be formed once the Order Acceptance has been received by you.

The Contract will relate only to those Items that are confirmed in the Order Acceptance. Cahootsy will not be obliged to supply any other Items which may have been part of your order until such Items have been confirmed in a separate Order Acceptance. We will send you a confirmation email once the Items listed in the Order Acceptance have been dispatched.

Availability and delivery


Your order will be fulfilled by the delivery date set out in the Order Acceptance or, if no delivery date is specified, then within a reasonable time of the date of the Order Acceptance, unless there are exceptional circumstances.

In the case of Co-Buy Items delivery can take up to twenty-five (25) days from the end of the Co-Buy time period. Whilst Cahootsy will make every effort to deliver your Items as quickly as possible, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting an Item to you.

Your order will be delivered to the delivery address you specify when placing your order within the United Kingdom mainland and Northern Ireland. Orders cannot be delivered to British Forces Post Office addresses or outside of the United Kingdom mainland and Northern Ireland.

Items comprised within the same order cannot be delivered to different addresses.

Deliveries are made by Royal Mail or a courier and take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 5pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.

Deliveries will be made to your door. Our courier will not be responsible for any additional carrying, unpacking or positioning of Items. If you order a large, heavy or bulky Item, you are advised to check that its dimensions (allowing for packaging) will allow it to pass freely through the doorways and corridors of the delivery address.

Risk and title

Items ordered will be at your risk from the time of delivery. Title in the Items ordered will pass to you once we have received full payment of all sums due in respect of the Items, including delivery charges or at the time of delivery, whichever is the later.

Price and payment

The price of Items is as quoted on the Site from time to time.

We shall use our reasonable endeavours to procure that all prices as indicated on the Site are correct and updated. In the event of any incorrect prices or error with prices indicated on the Site, including where our Order Acceptance indicates an incorrect price, we shall inform you by email of such error or incorrect price, and you shall send confirmation indicating your agreement on the price as corrected or cancel the order as you see fit. We are under no obligation to provide Items to you at the incorrect (lower) price, even after we have sent you an Order Acceptance.

Prices include VAT but exclude delivery costs, which will be added to the total amount due when you view the Items in your shopping basket.

Prices and delivery costs are liable to change at any time, but any changes will not affect orders in respect of which we have already sent you an Order Acceptance.

Payment for all orders must be made by credit or debit card on the checkout page and are processed by our secure third-party payment provider. We accept payment by most major credit and debit cards.

We will not charge your credit or debit card until we dispatch your order.

You should be aware that online payment transactions may be subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this fee.

Consumer rights

Except in relation to certain Items set out below, you may cancel a Contract at any time before your order is delivered and up to fourteen (14) working days afterwards, beginning on the day after you received the Items. In this case, you will receive a full refund of the price paid for the Items in accordance with our refunds policy (see below).

To cancel a Contract, you must inform us in writing or by email, giving us your name, address and order reference. You must also return the Items to us within fourteen (14) days of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them), and at your own cost and risk. You have a legal obligation to take reasonable care of the Items while they are in your possession. If you fail to comply with this obligation, we may have a right to claim the cost of any deterioration from you.

You will not have any right to cancel a Contract for the supply of any of the following Items:

  • perishable items, such as formula milk or baby food;
  • audio and/or visual recordings where the sealed packaging has been opened; or
  • Items that have been customised or made to your own specifications;

unless such Items were damaged or faulty when delivered to you or have been incorrectly delivered.

Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Acceptance. Nothing in this section affects your legal rights.

Cahootsy Refunds policy

If you cancel a Contract between us within the fourteen (14) day cooling-off period (see above), we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation. We will refund the price of the Item in full, including the cost of delivery. However, you will be responsible for the cost of returning the item to us.

We will refund any money received from you using the same method originally used by you to pay for your purchase.

Faulty Items

Faulty Items
If any Item you order is damaged or faulty when delivered to you, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe an Item was delivered damaged or faulty, you must inform us in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.

Item information


Whilst we have taken reasonable steps to depict Items as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your system and, as such, may not exactly reflect the actual detailing of an Item when you receive it.

Please submit any questions you have about these terms of sale or an order you have placed or ordering in general by email to orders@cahootsy.com or write to us at the address set out at the bottom of this Agreement below.

Links from our Site and third parties

The Site and/or the Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Cahootsy. We do not endorse or assume any responsibility for any such third-party sites, information, materials, Items, or services. If you access a third party website from the Site, or the Services, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites.

You expressly relieve Cahootsy from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site or through the Services, including payment and delivery of goods, quality or late delivery of Items or goods and services or for honouring (or causing any Seller to honour) or and any other terms (such as warranties) are solely between you and such third party sites.

We make no warranties regarding any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to any Item or good or service offerings promoted or available through our Site or the Services. You agree that Cahootsy shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties or advertisers.

You acknowledge and agree that Cahootsy may use third party link replacement services to substitute links to other websites with affiliated links and that Cahootsy may earn commissions when these links are clicked and/or lead to a User transaction.

Advertisements

You agree and understand that Cahootsy may display adverts and other information adjacent to and related to the Content. Cahootsy serves relevant adverts using a completely automated process that enables us to effectively target dynamically changing Content.

Privacy

We respect your right to privacy. You acknowledge that by using the Site and the Services you consent to the collection, use and disclosure of certain information as set out in our Privacy Policy.

Copyright and Intellectual Property

This Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Content posted on the Site by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for the Site without our permission.

The third-party images and text referenced, made accessible or made available to you on these pages or by means of the Services are protected by the copyright and trademark laws of the United Kingdom. You may need to obtain authorisation of the owner of such materials before using them for any purpose other than viewing on the internet. It is your responsibility to obtain any authorisations to use an image or text that may be required; Cahootsy cannot give you such authorisation. We cannot guarantee that the Services will not locate unintended or objectionable Content and Cahootsy accepts no responsibility or liability for the Content of any images or text included in any Cahootsy list or otherwise linked to by the Services, or for your use of such Content. Cahootsy reserves the right to remove any pictures or Content without notice to you, any other User, or any third party.

You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the Site or that tampers with any copyright protection mechanisms applicable to content on any sites. The technology and the software underlying the Site and the Services is the property of Cahootsy, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Site or the Services. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to the Site.

Change or Termination

We may, without prior notice, change the Site or the Services, stop providing the Site or the Services, or create usage limits for the Site or the Services. We may permanently or temporarily terminate or suspend your Account or your access to the Site or the Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement, your Account or your access to the Site or the Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Resolution of Disputes

In the event that a dispute arises between you and Cahootsy, please contact us. Any dispute arising from or relating to the subject matter of this Agreement will be settled by according to the Laws of England and Wales.

In the event that a dispute arises between you and another User or third party, Cahootsy encourages you to contact the User or third party to resolve the dispute amicably. Cahootsy is not responsible for resolving any such dispute other than disputes relating to transactions on the Site that cannot be resolved between the Users where such dispute has been referred to Cahootsy for resolution.

If a Buyer and Seller are unable to resolve a dispute resulting from a transaction that occurs on the Site, they may choose to contact Cahootsy to resolve the dispute, Each case will be escalated for review and resolution by Cahootsy, Cahootsy provides its dispute resolution process for the benefit of all Users, Cahootsy does so at it's sole discretion, and Cahootsy's decision shall be final. Cahootsy will not make judgements regarding legal issues or claims and shall in no way be liable for any loss arising from any decision made in resolving User's disputes in accordance with this section.

OUR LIABILITY

THE SITE, THE SERVICES AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAHOOTSY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CAHOOTSY MAKES NO WARRANTY THAT THE SITE, THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CAHOOTSY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ITEMS, THE SERVICES OR SITE CONTENT OBTAINED THROUGH THE SITE OR THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES. YOU UNDERSTAND THAT CAHOOTSY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR THE SERVICES, NOR DOES CAHOOTSY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR THE SERVICES. CAHOOTSY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR THE SERVICES.

We take no responsibility and assume no liability for any Content posted or sent over the Site or the Services. You shall be solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of Content.

Indemnity

You agree to defend, indemnify, and hold Cahootsy, its officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  1. your access to or use of the Site, the Services or Site Content,
  2. your Content,
  3. your violation of this Agreement, and
  4. any claim that your Content infringes third party intellectual property rights.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAHOOTSY EXCLUDES ALL LIABILITY AND THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, THIS AGREEMENT AND THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CAHOOTSY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE ITEMS OR THE SERVICES, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ITEM LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAHOOTSY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Cahootsy's liability, and (as applicable) the liability of Cahootsy’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any and all circumstance is limited to the greater of (a) the amount of fees you pay to Cahootsy or the amount you pay for Items purchased through the Site (as the case may be) in the twelve (12) months prior to the action giving rise to liability and (B) £100.

NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR FRAUD OR NEGLIGENCE RESULTING IN PERSONAL INJURY OR DEATH.

This Site and the Services are controlled and operated from the United Kingdom and intended for use by residents of the United Kingdom but it may also be used by residents from other jurisdictions. Those who access or use the Site or the Services from other jurisdictions outside the United Kingdom do so at their own volition and should be aware of, and observe, all applicable legal requirements in their jurisdictions. In particular, Users should ensure that they are able to use the Site without contravention of legal restrictions in the jurisdictions in which they reside.

Limitations by Applicable Law

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION APPLICABLE TO YOU.

Claims

YOU AND CAHOOTSY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Other Important Terms

This Agreement is governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any disputes arising under or in relation to them and any contract made under them.

If any of these provisions are found to be illegal, void, invalid or unenforceable by any court of competent jurisdiction, the rest of these provisions will remain in full force and effect.

Only you and Cahootsy are entitled to enforce the terms this Agreement. No third party is entitled to enforce this Agreement, whether by virtue of the Contract (Rights of Third Parties) Act 1999 or otherwise.

This Agreement and Cahootsy's Privacy Policy set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under this Agreement shall not constitute a waiver by us of that right.

How to contact Us

We value your feedback, comments and suggestions and anything that will help us improve our Site and Services.

Please write to us at feedback@cahootsy.com or at:
Cahootsy Limited
145-157 St John Street
London
EC1V 4PW