Customer Terms

CUSTOMER TERMS OF USE
Province of British Columbia, Canada
Effective Date: February 16, 2026
These Terms of Use (“Terms”) govern access to and use of the CMarket Ltd. online marketplace platform located at CommunityMarket.ca (the “Platform”).
By accessing, registering, or placing an order through the Platform, you (“Customer,” “you”) agree to be legally bound by these Terms. Electronic acceptance constitutes a binding agreement equivalent to a handwritten signature.

1. PLATFORM ROLE & STRUCTURE

1.1 Marketplace Intermediary Only
CMarket Ltd. operates solely as a digital marketplace and technical intermediary connecting Customers with independent third-party Vendors.

1.2 No Seller or Merchant of Record
CMarket Ltd. is not:
the seller,
manufacturer,
distributor,
food preparer,
service provider,
merchant of record,

warehouse operator,
carrier,
or bailee
for any Product or Service offered on the Platform.

1.3 Direct Contract Between Customer and Vendor
All transactions form a direct legal contract exclusively between the Customer and the Vendor.
CMarket Ltd. is not a party to that contract and assumes no contractual obligations arising from it.

1.4 No Agency
Nothing in these Terms creates any partnership, joint venture, employment, fiduciary, or agency relationship between Customer and CMarket Ltd.

1.5 No Verification Guarantee
Unless expressly stated, CMarket Ltd. does not verify:
Vendor licensing status
health permits
regulatory approvals
professional qualifications
insurance coverage
Responsibility for due diligence rests with the Customer.

2. CUSTOMER ACKNOWLEDGMENT & ASSUMPTION OF RISK

2.1 Independent Vendor Risk
You acknowledge that Vendors operate independently and are solely responsible for:
product quality
food safety
delivery execution
regulatory compliance
service performance

2.2 Voluntary Assumption of Risk
You voluntarily assume all risks associated with:
purchase
preparation
consumption
storage
handling
transportation
delivery
pickup
service performance
third-party conduct

Including risks of:
illness
allergic reaction
contamination
injury
financial loss
dissatisfaction
reputational or consequential damages.

2.3 No Reliance
You agree that you do not rely on any representation, rating, review, listing status, badge, or implied assurance by CMarket Ltd. regarding the legality, safety, quality, or suitability of Products or Services.

3. FOOD-SPECIFIC DISCLOSURE (CRITICAL)

3.1 Home-Based Food Operations
Certain food products may be prepared in home-based kitchens operating under applicable BC home-based food guidelines.

3.2 Inspection & Licensing
Some food Vendors may not operate from commercial premises routinely inspected by

regional health authorities.

3.3 No Platform Inspection
CMarket Ltd. does not inspect kitchens, verify food handling procedures, or monitor temperature control.

3.4 Allergen & Cross-Contamination Risk
Food may contain or come into contact with allergens including but not limited to:
peanuts
tree nuts
dairy
gluten
soy
eggs
seafood
sesame
Cross-contamination may occur.

3.5 Customer Obligation
Customers with allergies or medical conditions must verify ingredients directly with the Vendor prior to purchase.
Ordering constitutes informed acceptance of these risks.

4. ORDER PROCESS & PAYMENT

4.1 Vendor Acceptance
Orders are requests and become binding only upon Vendor confirmation.

4.2 Auto-Cancellation
If a Vendor does not confirm within two (2) hours during declared business hours, the Platform may automatically cancel and issue a refund.

4.3 Payment Processing
Payments are processed through Stripe or other third-party processors.
CMarket Ltd. is not responsible for:
processor outages
fraud events
banking delays
third-party data breaches.

4.4 Taxes & Pricing
All pricing, taxes, and fees are determined by Vendors.

5. DELIVERY & TRANSFER OF RISK

5.1 Delivery Completion
Delivery is deemed complete upon:
reasonable delivery attempt, OR
placement at designated address, OR

expiration of pickup window.

5.2 Customer Unavailability
If Customer is unreachable or provides incorrect information, order may be marked fulfilled.

5.3 Transfer of Risk
Risk of loss, theft, spoilage, or damage transfers to Customer upon delivery completion.

5.4 No Liability for Porch Piracy
CMarket Ltd. is not liable for theft, weather damage, or post-delivery loss.

6. REFUNDS & DISPUTES

Refunds are primarily governed by Vendor policies.
CMarket Ltd. may intervene in disputes at its sole discretion but assumes no legal obligation to override Vendor decisions.
Fraudulent chargebacks may result in:
permanent account termination
legal recovery efforts
submission of electronic evidence to financial institutions.

7. PLATFORM AVAILABILITY

The Platform is provided “AS IS” and “AS AVAILABLE.”

CMarket Ltd. does not guarantee:
uninterrupted operation
error-free performance
system availability
data accuracy
Electronic logs and system records may be used as evidentiary proof in dispute resolution.

8. PROHIBITED CONDUCT

You agree not to:
commit fraud
abuse refund systems
submit false claims
harass Vendors
attempt off-platform circumvention
violate applicable laws.
Accounts may be suspended or terminated at sole discretion.

9. LIMITATION OF LIABILITY

To the maximum extent permitted under British Columbia law:
CMarket Ltd., including its directors (including Shahryar Vafaei), officers, employees, shareholders, and agents, shall not be liable for:
food-related illness

allergic reactions
Vendor negligence
product defects
delivery failures
service malpractice
loss of profit
loss of opportunity
reputational harm
data loss
consequential or punitive damages
Total aggregate liability shall not exceed the lesser of:
(a) Fees paid directly to CMarket Ltd. in connection with the specific order; OR
(b) $100 CAD.

10. INDEMNIFICATION

You agree to indemnify and hold harmless CMarket Ltd. from all claims, liabilities, damages, legal fees, and costs arising from:
misuse of the Platform
violation of these Terms
unlawful conduct
third-party claims related to your actions.

11. DISPUTE RESOLUTION

Governing Law: Province of British Columbia and federal laws of Canada.
Dispute Process:
Good faith negotiation
Mandatory mediation in BC
Binding arbitration in BC
Class action waiver applies.
Claims must be brought within twelve (12) months of the event.

12. FORCE MAJEURE

CMarket Ltd. is not liable for failures caused by events beyond reasonable control, including:
natural disasters
extreme weather
wildfire events
infrastructure failures
cyber incidents
governmental actions.

13. TERMINATION & ASSIGNMENT

CMarket Ltd. may suspend or terminate access for:
breach
fraud risk
legal exposure
reputational risk.

CMarket Ltd. may assign these Terms in connection with merger, restructuring, or sale.

14. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and Platform Policies, constitute the entire agreement.
If any provision is unenforceable, remaining provisions remain valid.