Terms of Service

1. The Platform

Tabanca is an online marketplace where users can buy and sell event-related products in the Caribbean, including costumes, tickets, accessories, t-shirt packages and jouvert packages (each a “Listing”, and together “Listings”).

A user who lists an item for sale is a “Seller” and a user who purchases an item is a “Buyer”.

We are not the seller, organiser, host, or producer of the Listings on the Platform. Each Listing is offered, controlled, and delivered by an independent Seller. Unless we expressly state otherwise for a particular Listing, we do not own, operate, run, control, or supervise any event, costume, or package, and we do not guarantee the quality, safety, legality, or delivery of any Listing.

When you purchase a Listing through the Platform, you enter into a direct contract with the Seller of that Listing. Our role is limited to operating the Platform, processing payment, and facilitating delivery of the Listing.

2. Eligibility

You must be at least 15 years old to create an account, make a purchase, or list an item. By using the Platform you represent and warrant that:

You are at least the required age;

The information you provide is true, accurate, and complete; and

Your use of the Platform will comply with these Terms and all applicable laws.

Some events and Listings may have higher age restrictions. You are responsible for complying with the age and other restrictions of any Listing you purchase.

3. Accounts

3.1 Registration.

To buy or sell on the Platform, you must register for an account. You agree to keep your account information current and to maintain the confidentiality of your login credentials. You are responsible for all activity that occurs under your account.

Notify us at support@tabanca.store immediately if you suspect unauthorised use of your account.

3.2 Suspension and termination.

We may suspend or terminate your account at any time, with or without notice, if we reasonably believe that you have breached these Terms, that your use of the Platform creates risk or possible legal exposure for us, our users, or third parties, or that your conduct is otherwise unacceptable. You may delete your account at any time by following the instructions on the Platform or by contacting us.

4. Buying on the Platform

4.1 General.

When you purchase a Listing, you agree to pay the listed price plus any fees and applicable taxes shown at checkout. The Seller sets the price, the description, and the conditions of the Listing. We display this information as provided by the Seller.

Online purchases are charged in the currency shown at checkout. Where a price is converted between EC$ and US$, the platform exchange rate shown at checkout applies.

When you buy a marketplace item, the platform holds the seller’s payout until both parties confirm delivery (or an admin releases the funds in case of a dispute). Tickets for Tabanca Events are issued instantly to your wallet.

Refunds and chargebacks are handled per our payment processor’s standard rules and our dispute process described below. Cancelled events trigger automatic refunds where possible.

4.2 Tickets.

Tickets are delivered electronically by email. You are responsible for keeping your ticket safe — anyone who presents your ticket may be admitted to the event. Each ticket is valid only for the event, date, and category specified on it. The Seller and the venue control admission and may refuse entry, or remove you from an event, in accordance with their own rules and applicable law (for example, for intoxication, disorderly conduct, or breach of venue rules).

4.3 Service fees.

We may charge service fees on purchases. Where we do, the fee will be displayed at checkout before you complete your purchase. Service fees are non-refundable except where required by law or as expressly stated in these Terms.

4.4 Refunds, cancellations and changes.

For the online purchase of listings or products from businesses, the Platform holds the Seller’s funds in escrow and releases them only after the Seller confirms delivery and the Buyer confirms receipt on the Platform. Because of this, we are not responsible for the timeframe or the condition of an item, and we will not issue refunds for listings or products unless the Buyer does not receive the item paid for before the relevant time (for example, the event date).

For event tickets, all sales are final unless the event is cancelled by the Seller, in which case ticket Buyers are entitled to a refund of the ticket price.

Full details, including how to request a refund, are set out in our Refund Policy, which forms part of these Terms.

5. Selling on the Platform

5.1 Eligibility and accuracy.

If you list anything on the Platform you confirm that:

You have the right and all necessary authorisations to sell the Listing and to fulfil it (including, where applicable, in respect of any underlying event, costume design, accommodation, transport, or third-party component);

The information you provide about the Listing (including descriptions, dates, line-ups, venue, capacity, sizes, components, and conditions) is accurate and not misleading;

Your Listing complies with all applicable laws (including consumer protection, licensing, health and safety, intellectual property, advertising, and tax laws); and

You will honour every Listing sold through the Platform.

5.2 Fees and payouts.

We may charge a commission, listing fee, or other service fee on Listings sold through the Platform.

We will remit proceeds (less applicable fees and any chargebacks, refunds, or holds) to the payout account you nominate, on the schedule and subject to the conditions described in your Seller dashboard or Seller Agreement. We may withhold payouts where we reasonably suspect fraud, chargeback risk, breach of these Terms, or where we are required to do so by law.

You are responsible for all taxes (including VAT, sales tax, or other indirect taxes) applicable to your Listing and for any income or business taxes on the proceeds you receive.

5.3 Compliance.

You agree to comply with all applicable laws in connection with your Listing, including consumer protection, data protection, anti-discrimination, health and safety, anti-bribery, sanctions, intellectual property, and where applicable, package travel laws.

5.4 Cancellation and changes by the Seller.

If you cancel or materially change a Listing, you must promptly notify us and the affected Buyers, and you authorise us to issue refunds to Buyers out of any amounts held by us on your behalf. If those amounts are insufficient, you remain liable to refund Buyers directly.

5.5 Buyer data.

We will share with you the Buyer information necessary for you to fulfil and manage your Listing (such as name, email, and, where relevant, costume size or dietary requirements). You will use that information only for the purposes of fulfilling the Listing and complying with applicable law, and you will handle it in accordance with applicable data protection law and our Privacy Policy. You are an independent controller of Buyer data you receive.

5.6 Indemnity.

You will indemnify and hold us harmless against any claim, loss, liability, or cost (including reasonable legal fees) arising from (a) your Listing, (b) any sale you have made, (c) your breach of these Terms, or (d) your handling of Buyer data.

6. Tickets and resale

Tabanca Event tickets sold on Tabanca are personal to the Buyer. Tickets may be transferred or resold through the built-in ticket transfer / resale flow only — reselling tickets through external channels is not supported and may result in scan failure at the gate.

When a ticket is resold via Tabanca, the original ticket’s barcode is retired and a new barcode is issued to the Buyer. Promoters retain the right to reject scans they believe are fraudulent.

7. Disputes

If something goes wrong with an order — item not received, item not as described, refund needed — either party can open a dispute from the order detail. An admin reviews the dispute, may request evidence from both sides, and decides on a resolution. Until the dispute is resolved or the Seller’s funds are released, payouts on the order are held.

8. Acceptable use

You agree not to:

Use the Platform for any unlawful, fraudulent, deceptive, or harmful purpose;

List, sell, or attempt to sell any Listing that is unlawful, that you do not have the right to offer, or that you cannot deliver;

List any costume design, artwork, name, or logo in which you do not own or hold a licence to the relevant intellectual property rights;

List any package whose components you do not have the right to bundle and resell;

Copy, scrape, harvest, or otherwise extract data from the Platform other than as the Platform expressly permits;

Reverse engineer, decompile, or attempt to derive the source code of any part of the Platform;

Introduce viruses, worms, malware, or any other harmful code into the Platform;

Interfere with or disrupt the Platform, our servers, or our networks, or attempt to gain unauthorised access to them;

Use the Platform to send unsolicited communications, spam, or chain messages;

Impersonate any person or misrepresent your affiliation with any person or organisation;

Post content that is defamatory, obscene, hateful, threatening, harassing, or that infringes the rights of others; or

Assist any third party in doing any of the above.

We may investigate suspected breaches and take any action we consider appropriate, including removing content, suspending or terminating accounts, withholding payouts, and reporting conduct to law enforcement.

9. User content

You may post content to the Platform — for example, Listings, profile information, images, reviews, or messages (“User Content”). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, and distribute your User Content for the purposes of operating, promoting, and improving the Platform.

You represent and warrant that you own or have the necessary rights to your User Content (including, in the case of costume images and designs, the relevant intellectual property rights) and that it does not infringe any third party’s rights or breach any law.

We may, but are not obliged to, review or moderate User Content. We may remove or restrict access to User Content at any time without notice if we reasonably believe it breaches these Terms, infringes third-party rights, or is otherwise objectionable.

10. Intellectual property

The Platform, including its design, software, text, graphics, logos, and content (other than User Content), is owned by Tabanca or our licensors and is protected by copyright, trade mark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for the purposes described in these Terms.

You may not use any of our names, logos, or trade marks without our prior written consent.

If you believe content on the Platform infringes your copyright or other intellectual property rights (including the unauthorised use of a costume design or photograph), please send a written notice to support@tabanca.store containing: (a) your contact details; (b) identification of the work you say is infringed; (c) identification of the allegedly infringing material and where it is on the Platform; (d) a statement that you have a good faith belief that the use is unauthorised; and (e) a statement, made under penalty of perjury, that the information is accurate and that you are authorised to act for the rights holder.

11. Privacy

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

12. Third-party services

The Platform may contain links to, or rely on, third-party websites, applications, or services (for example, payment processors, messaging providers, and Sellers’ or third-party suppliers’ own websites). We are not responsible for the content, policies, or practices of those third parties. Your dealings with them are at your own risk and are subject to their own terms.

13. Disclaimers

The Platform is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components, that any information on the Platform is accurate or complete, or that any Listing will be delivered as described.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (including, where relevant, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation).

14. Limitation of liability

To the maximum extent permitted by law:

(a) We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, or data, arising from or relating to your use of the Platform or these Terms, even if we have been advised of the possibility of such damages;

(b) We are not liable for the acts or omissions of Sellers, Buyers, venues, mas bands, hotels, airlines, or other third parties, including the cancellation, postponement, defective production, or non-performance of any Listing.

15. Indemnification

You agree to indemnify and hold harmless Tabanca and our officers, directors, employees, and agents from any claim, loss, liability, or expense (including reasonable legal fees) arising from (a) your use of the Platform, (b) your breach of these Terms, (c) your violation of any law or third-party right, or (d) your User Content.

16. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will notify you by updating the “Last Updated” date at the top of these Terms and, where appropriate, by email or a notice on the Platform. Your continued use of the Platform after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Platform.

17. Governing law and disputes

These Terms are governed by the laws of St Christopher and Nevis, without regard to its conflict of laws rules.

You and we agree to try to resolve any dispute informally before commencing any formal proceedings. To do so, send a written notice describing the dispute to support@tabanca.store. We will use reasonable efforts to resolve the matter within 30 days.

If the dispute is not resolved informally, the courts of St Christopher and Nevis will have exclusive jurisdiction over it, except that we may bring proceedings to enforce our intellectual property rights or to seek injunctive relief in any court of competent jurisdiction.

Nothing in this section affects any non-waivable right you have, as a consumer, to bring proceedings in the courts of the country in which you reside or to rely on mandatory protections of your local consumer law.

18. General

Entire agreement. These Terms, together with our Privacy Policy and any other agreements or other terms incorporated by reference, are the entire agreement between you and us about your use of the Platform.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

No agency. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and us.

Electronic communications. You consent to receiving notices and other communications from us electronically, and you agree that those communications satisfy any legal requirement that they be in writing.

19. Contact

If you have any questions about these Terms, please contact us at:

Email: support@tabanca.store

Website: tabanca.store