TERMS OF USE
Effective Date: April 12 , 2021
The GOCARTS Application (‘the app or site”), is owned and operated by GOCARTS TECHNOLOGIES INC., carrying on its business activities in San Francisco, California. These Terms of Use govern your use of this GOCARTS Application.
These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you, or user or customer or Shopper”) and GOCARTS TECHNOLOGIES INC., (“GOCARTS APP, we,” “us” or “our”), concerning your access to and use of the Application (IOS and ANDROID inclusive) and www.gocarts.io and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “Site, “App” or GOCARTS APP”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
BY SIGNING UP TO USE THE APP OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE FORMS WE SEND YOU ARE PROPER NOTIFICATION OF SUCH REPORTS AND THAT YOUR NAME AND DATE OF SENT REPORT WILL BE RECORDED ON OUR DATABASE WHICH WILL SUFFICE AS A SIGNATURE FOR SUCH REPORTS.
Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.
By agreeing to these TOU, you agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use controls.
When you intend to use a special feature of this site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
GOCARTS APP is an application owned and operated by GOCARTS TECHNOLOGIES INC., carrying on its business operations in San Francisco, California.
At GOCARTS, we provide mobile payments solution that serves our communities and local businesses. Our technology gives business autonomy and flexibility to customize their stores on mobiles devices and receive payment on the GO. Consumers enjoy the convenience of shopping and paying on their personal devices. We guarantee Fast, Secure and Convenient transactions.
How product scan works. The steps to use this service is easy – Pick, Scan, Pay, GO! “This service is designed only for stores that supports self-purchasing”. Shopper walks into store, pick items on the store shelf, Scan item barcode, adjust quantity and add to cart. You can Checkout and authorize in app payment. You then verify payment receipts and step out of store.
How payment scan works. It’s that simple and effortless. “Pick, Pay, GO”. “This service is designed only for stores that do not support self-purchasing”. The Shopper walks into store, pick items on the store shelf and proceed to store merchant to initiate payment. Shopper scans merchant payment QR code and authorizes in app payment, confirm payment and walk out.
How it’s works?
We have designed the app for the easy use of service. To use the application, we advise that you download the application from our website www.gocarts.io or through an authorized partner. Ensure that your Smart phone device is up to date and compatible to use the latest version of the GOCARTS APPLICATION. The web version of the service can also be accessible via our website at – www.gocarts.io. Upon successful installation of the software, we will require you to sign up and create a profile page that would enable you use the service. When this is done, you get to enjoy a seamless service on the go.
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by GOCARTS APP via (our “Website”);
(b) The downloading and Installation of the GOCARTS APP Mobile Application (IOS, ANDROID or WINDOWS) on your smartphone.
To use and enjoy the services we provide, we require you to register an account with us. You would be required to download the GOCARTS APP Mobile Application on your device (IOS, ANDROID, and or WINDOWS).
Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
Payment and billing information.
“Your payment security is our concern” If you are shopping in store or from a street vendor, paying at the gas station or picking up a bowl of salad at your favorite restaurant, your security is essential. All transactions are processed in app on customer and merchant mobile devices thereby protecting their personal and business information from malicious POS attacks. We accept all payment methods when authorizing payment on your mobile device.
Payments for the purchase of any product can be done with the use of PayPal, Stripe – Credit cards – Visa, MasterCard, American Express etc. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your GOCARTS account, you can do so at any time by logging into your account and editing your payment information.
Content For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by GOCARTS, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with GOCARTS APP’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to GOCARTS or its licensors for violation of intellectual property rights.
Trademarks or service marks of GOCARTS APP include, but are not limited to, GOCARTS APP™ and the GOCARTS APP logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of GOCARTS APP or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of GOCARTS, our Affiliates or our licensors.
Site Use GOCARTS APP grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of GOCARTS, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. GOCARTS reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
We may update the Software from time to time, at our sole discretion. The update may be in the form of adding new features, bug fixing and new versions of the Software. In order to provide you with the most current version of the Software, you agree that new updates and versions of the Software may download and install automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to you. These updates and new features may include additional terms that you will have to agree to.
When you use the Services through the App, then GOCARTS grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:
Make use of any proprietary information of GOCARTS APP in the development, design, manufacture, distribution, or licensing of any application, devices, or accessories for use with the App
The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and GOCARTS APP only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and GOCARTS APP (which is not an App Distributor) is directly responsible for the App and the App Content thereof.
Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by uninstalling and removing the Software from your device, and by ceasing to use the App.
Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to GOCARTS APP or to any feature available therein. You acknowledge that upon expiration or termination of your license, the license key may automatically de-activate.
The Website may provide links to external Internet sites. GOCARTS hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. GOCARTS shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
All right, title and interest in and to GOCARTS APP, any related features and/or services and any derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to GOCARTS APP or any related features and/or services, are and will remain owned solely by us or our licensors. These Terms do not convey to you an interest in or to GOCARTS APP, but only a limited right of use in accordance with the terms herein. Nothing in these Terms constitutes a waiver of our intellectual property rights under any law. The license granted to you herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features. You acknowledge and agree that the technology manifested in the operation of the Software constitutes our and our suppliers’ valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss.
You hereby represent and warrant that: (i) you will only use GOCARTS APP as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using GOCARTS APP; (iii) you will not use GOCARTS APP for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using GOCARTS APP.
GOCARTS APP IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) GOCARTS APP WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF GOCARTS APP WILL BE UNINTERRUPTED; OR (III) GOCARTS IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH GOCARTS APP IS TO UNINSTALL AND CEASE USE OF ALL GOCARTS APP SERVICES. Further and except as expressly provided herein, we are not obligated to maintain or support GOCARTS APP, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of GOCARTS APP and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF GOCARTS APP OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE GOCARTS APPUNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF GOCARTS APP.
You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of GOCARTS APP; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
This Agreement will be governed by, construed and enforced in accordance with the laws of California, without regard to its conflicts of law principles or provisions. California Courts shall have jurisdiction to adjudicate disputes.
These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.
Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at [email protected] and we will make an effort to reply within a reasonable time-frame.
This agreement contains the terms and conditions that govern your access to and use of the services through a particular account or accounts and is an agreement between you or the business you represent (“you OR MERCHANTS”) and GOCARTS TECHNOLOGIES INC. with regards to the use of the GOCARTS Application to provide services to ‘customers’ OR ‘shoppers’, (the “website or app”).
By registering for or using the services, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this agreement, including the service terms and programme policies for each service you register for or use in connection with the GOCARTS app.
As used in this Agreement, “we,” “us,”, “GOCARTS APP” and “GOCARTS” means the GOCARTS TECHNOLOGIES INC., named in the applicable MERCHANTS Terms. If there is any conflict between these MERCHANT TERMS and the GENERAL USAGE TERMS AND CONDITIONS, concerning your use of the service we provide, This Merchant Terms agreement shall prevail.
GOCARTS Merchant APP is an application owned and operated by GOCARTS TECHNOLOGIES INC., carrying on its business operations in San Francisco, California.
At GOCARTS, we provide technological payment solutions that serves our communities and local businesses. Our technology gives business autonomy to customize their stores on their mobiles devices and receive payment on the GO while consumers enjoy the convenience of shopping and paying on their personal devices. We guarantee Fast, Secure and Convenient transactions.
Our partnership program gives merchants direct access to our community. Their stores are listed on our app which attracts several benefits.
Merchant Benefits.
We have designed the app for the easy use of service. To use the application, we advise that you download the application software from our website or at any authorized partner store. Ensure that your Smart phone device is up to date and compatible to use the latest version of the GOCARTS APPLICATION. The web version of the service can also be accessible via our website at – www.gocarts.io. Upon successful installation of the software, we will require you to sign up and create a profile page that would enable you use the service. When this is done, you get to enjoy a seamless service on the go.
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by GOCARTS APP via (our “Website”);
(b) The downloading and Installation of the GOCARTS APP Mobile Application (IOS or ANDROID) on your smartphone.
To use and enjoy the services we provide, we require you to register a Merchant account with us. You would be required to download the GOCARTS Merchant APP on your device (IOS, ANDROID, and or WINDOWS).
Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
The information gathered from the customers is used to assist MERCHANTS in handling orders, deliver services, process payments, communicate with you about orders, and promotional offers, update our records, customize future transactions for you and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. The information is also used to prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or any other miscellaneous functions on our behalf.
For any successful payment transaction between the customer and the MERCHANTS, you will pay us a ____% commission on the total transaction amount received (including VAT and any other applicable taxes, if any,) in respect of any Service order (the “Commission”).
PayPal, or any of the relevant credit/debit cards may charge you an additional fee and you should ensure you are familiar with PayPal’s or any of the relevant credit/debit cards terms of use which you will have agreed to when you use any of these payment channel.
Our Commission will be deducted from your Wallet account with us or the funds transferred to you or your relevant credit or debit cards (whichever is applicable).
The Commission is inclusive of taxes (where applicable).
In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this clause.
When using the Service, you must not:
Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
Give any false or misleading information in your Account details.
Permit another person to use the service under your name or on your behalf unless you are a business and such person is authorised by you.
Use the service if we have suspended or banned you from using it.
Send Junk, spam or repetitive messages.
Modify, interfere, intercept, disrupt or hack the Service.
Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
Collect any data from the Service other than in accordance with these Terms of Service.
Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us.
Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
Mine data, screen scrape or crawl any part of the Service.
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
The MERCHANTS while communicating through E-mails with us consent to receive communications via electronic records. Further, the MERCHANTS also hereby acknowledges to waive off all the rights to challenge the service of documents, if the same is served via electronic records.
Further, we might receive information about you from other sources and add it to our account information.
We may supplement the information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publicly available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws.
We may allow you to share information with social media sites, or use social media sites to create your account or to connect your account with the respective social media site. Those social media sites might provide us with the access to certain personal information retained by them about you. We control the personal information you allow us to have access to through the privacy settings on the applicable social media site and the permissions you give us when you grant us access to your personal information retained by the respective social media site about you. By associating an account managed by a social media site with your account and authorizing us to have access to this information, you agree that we may collect, use and retain the information provided by these social media sites.
If you provide us with the personal information about someone else, you shall do so only with their explicit and prior consent. You have to inform the person the way we collect, use, disclose, and retain their personal information according to our Privacy Policy.
Information about our customers is an important part of our business and we are not in the business of selling it to others. GOCARTS shares customer information only as described below and with associates or partners under the control of GOCARTS Private Limited (such as its subsidiaries/agents) and that are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
We work closely with affiliated businesses. In some cases, such as Marketplace MERCHANTS, these businesses operate stores at GOCARTS or sell offerings to you at GOCARTS. In other cases, we provide services jointly with or on behalf of these businesses. When a third party is involved in your transactions, we share customer information related to those transactions with that third party.
Sometimes we send offers to selected groups of GOCARTS customers on behalf of other businesses. While sharing, we do not share the detail business your name and address. If you do not want to receive such offers, please adjust your Communication Preferences.
We may update the Software from time to time, at our sole discretion. The update may be in the form of adding new features, bug fixing and new versions of the Software. In order to provide you with the most current version of the Software, you agree that new updates and versions of the Software may download and install automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to you. These updates and new features may include additional terms that you will have to agree to.
When you use the Services through the App, then GOCARTS grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:
The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and GOCARTS APP only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and GOCARTS APP (which is not an App Distributor) is directly responsible for the App and the App Content thereof.
The Website may provide links to external Internet sites. GOCARTS hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. GOCARTS shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
All right, title and interest in and to GOCARTS APP, any related features and/or services and any derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to GOCARTS APP or any related features and/or services, are and will remain owned solely by us or our licensors. These Terms do not convey to you an interest in or to GOCARTS APP, but only a limited right of use in accordance with the terms herein. Nothing in these Terms constitutes a waiver of our intellectual property rights under any law. The license granted to you herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features. You acknowledge and agree that the technology manifested in the operation of the Software constitutes our and our suppliers’ valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss.
The MERCHANTS hereby agrees not to disclose any of the accessed Confidential Information whether it be of the User or of GOCARTS.
The MERCHANTS shall indemnify and hold us harmless against any losses, damages, settlement, costs, taxes, penalty and expenses etc. Further, the MERCHANTS shall ensure that GOCARTS is not made a party to any third-party claims.
We can terminate the agreement by giving a Seven days’ notice to the MERCHANTS in case of any breach of the terms of this Agreement.
We may be required to share any of your aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. You agree and consent for GOCARTS to disclose your information, if so, required under the applicable law.
To comply with our legal requirements, enforce our User Agreement, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property or safety.
To law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history to credit agencies or bureaus as authorized by applicable national laws (e.g. information on late or missed payments or other defaults on your account that may be reflected in your credit report or file) to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal procedure, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
We work to protect the security of the User’s information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information the User inputs in addition to maintaining security of information as per the International Standard IS/ISO/IEC 27001 on “Information Technology Security Techniques Information Security Management System-Requirements”.
If the User has asked us to store credit/debit card information for quick check out or other purposes, we reveal only the last four digits of the credit/debit card numbers when confirming an order. Of course, we transmit the entire information to the appropriate credit card company during order processing.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
Our site may include third-party advertising and links to other Web sites. For more information about third party advertising on GOCARTS, including personalized or interest-based ads, please read our policy on Ads.
This Privacy Notice addresses only the use and disclosure of personal information that you provide to GOCARTS or that we collect from you. If you disclose your information to others, or if you are directed to a third-party website, their privacy notices and practices will apply.
GOCARTS cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. This is true even where the third parties to whom you disclose personal information are members, shoppers or MERCHANTS on our sites.
Other users have access to the information you share on GOCARTS. For example, other users can see your purchases, items for sale, your collections, your portfolio, projects, names and IDs of MERCHANTS and collections you follow, storefronts, Feedback, ratings and associated comments. Other users can also see any information you chose to share in your profile or your collections.
To help protect your privacy, we allow only limited access to other users’ contact, shipping and financial information as necessary to facilitate your transactions and collect payments. However, when users are involved in a transaction, they have access to each other’s name, User ID, email address and other contact and shipping information.
You can control the methods by which we may contact you about your account, and your buying and selling activities in the Communication Preference section within your GOCARTS Profile or via electronic records.
This Agreement will also govern the marketing relationship between the MERCHANTS and GOCARTS.
If you do not wish to participate in our advertising personalization programs, you can opt out by following the directions provided within the applicable advertisement, or directly in your profile section at our site. The effect of an opt-out will be to stop personalized advertising, but it will still allow the collection of information for certain purposes such as usage, research, analytics and internal online services operation purposes). In addition to that, we do not allow third parties to track or collect your personal information on our sites for their own advertising purposes without your explicit consent.
If the MERCHANTS has any concern about privacy or grievances at GOCARTS, please contact us with a thorough description of the problem and we shall try to resolve the same at the earliest. Our business changes constantly and our Privacy Notice and the Conditions of Use will change simultaneously. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes.
Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without giving a reasonable opportunity to you to review the changes and communicate your decisions.
This Agreement shall be interpreted under and governed by the laws of California as applied to an agreement made and wholly performed within the United States.
Failure to enforce compliance with any terms or conditions of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.
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