Terms of Service

As used in these Terms of Service, “we”, “us” and “StoreCart” means the applicable StoreCart Contracting Party.

The services offered by StoreCart under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online store, in person (“POS Services”), or both. Any such services offered by StoreCart are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.storecart.ai/terms-of-service. StoreCart reserves the right to update and change the Terms of Service by posting updates and changes to the StoreCart website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services.

1. Account Terms

1.1 To access and use the Services, you must register for a StoreCart account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. StoreCart may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

1.2 You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.

1.3 You confirm that you are receiving any Services provided by StoreCart for the purposes of carrying on a business activity and not for any personal, household or family purpose.

1.4 You acknowledge that StoreCart will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to StoreCart and your primary Account email address must be capable of both sending and receiving messages.

1.5 You are responsible for keeping your password secure. StoreCart cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

1.6 You acknowledge that you are responsible for the creation and operation of your StoreCart Store.

1.7 You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your StoreCart Store.

1.8 StoreCart is not a marketplace. Any contract of sale through your StoreCart Store is directly between you and the buyer.

1.9 You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

1.10 A breach or violation of any term in the Terms of Service, as determined in the sole discretion of StoreCart may result in an immediate termination of your Services.

2. Account Activation

2.1 Store Owner

Subject to section 2.1 (2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service.

If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 Staff Accounts

Based on your StoreCart pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business.

2.3 Payment Gateway Checkout

Upon completion of sign up for the Service, StoreCart on Store Owner’s request may create a Payment Gateway account on your behalf, using your email address. You acknowledge that in this case the Payment Gateway account will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, the Privacy Policy, before you may become a StoreCart User.
Using the website and/or signing up with us, you grant us permission to contact you via email, phone call, or text message and offer you our services, which may affect your knowledge of our products. We may also contact you in connection with promotional offers running on the website and offers made by third parties, for which we may collect personally identifiable information. And even if you have registered yourself with DND, DNC, or NCPR services, you still give us permission to call you from StoreCart for the aforementioned purposes for a period of 365 days following your registration with us.
Technical support in respect of the Services is only provided to StoreCart Users.
The Terms of Service shall be governed by and interpreted in accordance with the laws of Canada applicable therein, without regard to principles of conflicts of laws.
You acknowledge and agree that StoreCart may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on StoreCart’s website, available at https://www.StoreCart.com/terms-of-service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to StoreCart’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the StoreCart Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the City of Burnaby. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
You are solely responsible for the activity that occurs using your API and for keeping your API Credentials secure.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by StoreCart.
You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use StoreCart or StoreCart trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to StoreCart Support.
You understand that your Materials, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that your use of the Services, including information transmitted to or stored by StoreCart, is governed by its privacy policy at https://www.StoreCart.com/privacy-policy
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. StoreCart shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without StoreCart’s prior written consent, to be given or withheld in StoreCart’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.

4. Acceptable Use

The following activities are prohibited:

• Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children.
• Harassment: You may not offer goods or services that harass, bully, defame or threaten a specific individual.
• Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, or religion.
• Illegal activities: You may not offer goods or services that contravene the laws of the jurisdictions in which you operate.

5. StoreCart Contracting Party

“StoreCart Contracting Party” means Biz365 Tech Pvt Ltd, a Canadian company, with offices located at 210 – 6125 Sussex Avenue, Burnaby, BC V5H 4G1, Canada.

Note: For the full detailed legal text of sections 6-19, please refer to the internal documentation.