Terms of Service

Version 2.0 | Effective Date: September 1, 2025 | Last Updated: September 1, 2025

These Terms of Use ("Terms") govern your use of alaKarte, ("alaKarte", "we", "our", or "us"). These Terms apply to all visitors, buyers, sellers, and other users of our mobile apps, websites, and related services ("Services"). By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

Important: Platform Purpose and No Trader Status

Platform Purpose: alaKarte is a community marketplace that allows users to list items, communicate, and connect with other users. The app does not sell products directly and does not process payments between users.

No Trader Status: alaKarte is not a trader or seller. All transactions are conducted entirely between users, off-platform. Users are solely responsible for any agreements, payments, or exchanges.

Payments and Transactions

All payments are handled directly by users
alaKarte does not collect fees, commissions, or facilitate payments in any way
Users should verify the identity of buyers and sellers and take appropriate precautions

Liability Disclaimer

alaKarte is not responsible for:

The quality or authenticity of items
Payment disputes
Delivery or collection of goods
Any loss, damage, or fraud arising from user-to-user transactions

Safety Reminder: Users are encouraged to exercise caution, meet in safe public places, and confirm all agreements before making any payments.

1. Who We Are

alaKarte provides a marketplace platform that connects buyers and independent sellers. We do not own, inspect, or manufacture products, nor do we act as a seller, broker, or agent for users. We provide tools to help users list items, buy items, trade photocards, verify authenticity, and communicate.

2. Eligibility

Minimum Age: You must be 16 years or older to use alaKarte.
Account Responsibility: You are responsible for all activity on your account. Provide accurate information and protect your login credentials.
Business Sellers: If you operate as a business seller, you must comply with applicable consumer protection, tax, and product safety regulations in your country.

3. International Availability

alaKarte is based in Canada, but we operate globally, including in the EU, UK, US, Australia, Singapore, and SEA markets. By using the Services, you acknowledge that your data may be transferred to and processed in Canada and other countries.

EU/UK Note: For EU/UK users, alaKarte acts as an online platform provider under the Digital Services Act (DSA).

4. User Responsibilities

You agree that you will:

Use the Services legally and responsibly
Not post illegal, hateful, fraudulent, or harmful content
Not engage in harassment or discrimination
Not upload harmful code or interfere with the platform

You must comply with our Community Guidelines, Prohibited Items Policy, Minors Policy, Buyer & Seller Rules, and Anti-Counterfeit Policy.

5. Anti-Counterfeit Policy

You agree not to list, sell, trade, or promote counterfeit goods. This includes:

Fake photocards
Unauthorized reproductions
Misrepresented items
Items violating copyright or trademarks

Enforcement: alaKarte may remove listings or suspend accounts that violate this policy.

6. Your Content

Ownership: You retain rights to your content but grant alaKarte a worldwide, royalty-free license to use, display, host, reproduce, and distribute it to operate the platform.
Accuracy: You are responsible for ensuring your listings, photographs, and descriptions are accurate and not misleading.
Prohibited Content: You may not upload anything illegal, harmful, abusive, discriminatory, or infringing.

7. Marketplace Transactions

alaKarte Is Not a Seller

Transactions occur directly between buyer and seller. alaKarte is not responsible for:

The existence, quality, accuracy, legality, or safety of items
The ability of sellers to sell items
The ability of buyers to pay for items
Shipping, delivery, or fulfillment
Losses arising from user interactions

Payments: Stripe payments will be introduced. Until then, any off-platform payments are between buyer and seller, and alaKarte is not responsible for them.

Taxes: Sellers are responsible for collecting and remitting applicable taxes unless alaKarte is legally required to collect on your behalf (e.g., EU VAT thresholds).

8. Case System & User Disputes

If buyers and sellers cannot resolve a dispute, they may open a Case within alaKarte. alaKarte may attempt to help in good faith but:

We do not make binding legal judgments
We do not guarantee resolution
We have no obligation to intervene

Release of alaKarte: You release alaKarte from all claims, demands, and damages arising from disputes with other users.

9. Indemnification

You agree to indemnify and hold harmless alaKarte, its directors, officers, employees, agents, affiliates, and subsidiaries from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising from:

Your use or misuse of the Services
Your breach of these Terms
Your violation of laws or third-party rights
Items you list, buy, or sell
Your content

alaKarte reserves the right to control its legal defense even if you are indemnifying us.

10. Termination

We may suspend or terminate your access to the Services if you:

Violate the Terms
Post harmful or illegal content
Sell counterfeit or unsafe products
Abuse or harass other users

You may close your account at any time.

11. Arbitration & Dispute Resolution

Informal Resolution First

You must first email info@kartecollect.com with a Notice of Dispute and allow 60 days for us to attempt resolution.

Binding Arbitration (Global Except Where Prohibited)

If not resolved informally, disputes between you and alaKarte will be resolved through binding arbitration, not in court, except where local law prohibits arbitration.

Language: English
Arbitrator: One arbitrator, administered by the AAA or mutually agreed equivalent
Under CAD $30,000: Document-only arbitration
CAD $30,000+: Videoconference arbitration unless in-person required
No Class Actions: You agree to individual arbitration only
Finality: Arbitration decisions are final and enforceable

Regional Rules

Canada: Governed by Canadian federal law; arbitration seated in British Columbia
US: AAA Consumer Rules apply; class waivers enforceable except where prohibited
EU/UK: Mandatory local consumer rights remain; arbitration applies where legally permitted
Australia/SEA/Other: Arbitration applies to the maximum extent allowed by local law

Opt-Out

You may opt out of arbitration within 30 days of accepting the Terms by emailing info@kartecollect.com

Non-Arbitrable Claims

If a claim cannot be arbitrated (by law):

It will be governed by Canadian law
Litigated exclusively in British Columbia courts, unless mandatory local law says otherwise

12. Limitation of Liability

To the maximum extent permitted by law, alaKarte is not liable for:

Lost profits
Lost data
Indirect or consequential damages
Issues arising from user disputes
Product defects or misrepresentations
Shipping, delivery, or customs problems

Total Liability Cap: Our total liability is limited to the greater of: CAD $150, or amounts paid to alaKarte by you in the last 12 months.

Consumer Protections: Some jurisdictions may require additional consumer protections; those will still apply.

13. Governing Law

Unless prohibited by law, these Terms are governed by the laws of Canada, with venue in British Columbia.

14. Digital Services Act (EU Only)

For EU users:

We act as an online platform provider, not a seller
We publish required trade disclosures
You may report illegal content
We maintain notice-and-action procedures
We provide internal complaint handling
We comply with DSA transparency requirements

15. Changes to These Terms

We may update these Terms from time to time. Material updates will be communicated via the app or email. Continued use constitutes acceptance.

16. Contact

For questions about these Terms, email: support@kartecollect.com

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