Our Terms And Conditions
Sellers Policy. If you list any items for sale through our Services, this policy applies to you.
Buyers Policy. If you use our Services to browse or shop, this policy applies to you.
All of these policies are a part of our Terms And Conditions
Both Caffoot and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Caffoot, will be responsible for that unauthorised disclosure.
If, however, Caffoot and sellers are found to be joint data controllers of buyers’ personal information, and if Caffoot is, sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Caffoot for the expenses it occurs in connection with your processing of buyer personal information. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Caffoot.
Your Account with Caffoot
You’ll need to create an account with Caffoot to use some of our Services.
You must be 18 years or older to use our Services. Children under 13 years are not permitted to use Caffoot or the Services. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
Choose an appropriate name.
If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates these Terms And Conditions.
You’re responsible for your account.
You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms And Conditions on behalf of the business. Also, your accounts are not transferable.
Protect your password
As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
These Terms And Conditions don’t create any agency, partnership, joint venture, employment, or franchise relationship between you and Caffoot.
Content that you post using our Services is your content (“Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
Responsibility for Your Content.
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content.
By posting Your Content through our Services, you grant Caffoot a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it.
Rights You Grant Caffoot.
By posting Your Content, you grant Caffoot a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Caffoot, your Caffoot shop, or the Services in general, in any formats and through any channels, including across any Caffoot Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
Reporting Unauthorised Content.
Caffoot has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminate your account if you are found to be a repeat offender. We’ll notify you if any of that happens.
Inappropriate, False, or Misleading Content.
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Policies, You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and Conditions and the following restrictions in particular:
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, UK, and international laws that may apply to you. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Caffoot, another Caffoot user, or a third party.
You are responsible for paying all fees that you owe to Caffoot. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes, and how you can pay them are fully explained in our Policies.
You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
The name “Caffoot” and the other Caffoot marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Caffoot.
From time to time, Caffoot will provide you with certain legal information in writing. By using our Services, we can send you information electronically via E-Mail.
Terminating By You.
Your account will not affect the availability of some of the content that you posted through the Services prior to termination. Any outstanding bills or fees owed will need to be settled before the account is terminated
Termination By Caffoot.
We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Caffoot may refuse service to anyone, at any time, for any reason.
If you or Caffoot terminate your account you may lose any information associated with your account, including Your Content.
We May Discontinue the Services.
Caffoot reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms And Conditions will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability
Items You Purchase.
You understand that Caffoot does not manufacture, store, or inspect any of the items or services sold through our Services. We provide the venue; the items and services in our website are produced, listed, provided and sold directly by independent sellers, so Caffoot can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Caffoot from any claims related to items or services sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Caffoot is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and you release us from all liability relating to your interactions with other users.
Gift Cards and Promotions. You acknowledge that Caffoot does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Caffoot is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk.
To the fullest extent permitted by law, neither Caffoot, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Caffoot’s aggregate liability for any damages exceed the greater of one hundred (£100) Pounds Sterling (GBP) or the amount you paid Caffoot in the past twelve months.
We hope this never happens, but if Caffoot gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Caffoot (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of Caffoot’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our dispute system. Caffoot will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. Caffoot has no obligation to resolve any disputes.
Release of Caffoot.
You release Caffoot from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with Caffoot
If you’re upset with us, let us know, and hopefully, we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services
The Terms are governed by the laws of the United Kingdom. These laws will apply no matter where in the world you live, but if you live outside of the United Kingdom, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
The arbitration will be handled by a sole arbitrator in accordance with the laws of the United Kingdom. Judgement on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitration’s and class actions are not permitted. You understand that by agreeing to the Terms, you and Caffoot are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Costs of Arbitration.
Payment for any and all reasonable filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed £10,000 GBP, Caffoot will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
We’re based in Cinderford, Gloucestershire, so any legal action against Caffoot related to our Services must be filed and take place in Gloucestershire. For all actions, the proceedings may be filed where your residence is, or in Gloucestershire, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and Caffoot agree to submit to the personal jurisdiction of a court located in Gloucestershire.
If we make any changes to this “Disputes with Caffoot” section after the date you last accepted the Terms and Conditions, those changes will not apply to any claims filed in a legal proceeding against Caffoot prior to the date the changes became effective. Caffoot will notify you of substantive changes to the “Disputes with Caffoot” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Caffoot a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Caffoot in accordance with the provisions of this “Disputes with Caffoot” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms and Conditions
Changes to the Terms and Conditions
We may update these Terms and Conditions from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
These Terms And Conditions
The Terms and Conditions, including all of the policies that make up these Terms and Conditions, supersede any other agreement between you and Caffoot regarding the Services. If any part of the Terms and Conditions are found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect. Our failure to enforce any part of the Terms and Conditions is not a waiver of our right to later enforce that or any other part of the Terms and Conditions. We may assign any of our rights and obligations under the Terms and Conditions.
If you have any questions about the Terms, please email us at firstname.lastname@example.org, or write to us at
C/O Millhall Consultants Ltd
Vantage Point Business Village