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GroovyCart Terms of Use

Terms effective from Monday, 14th April 2008 - updated on 15th September 2008

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Shop Owner
Customer

1. These Terms

  1. These Terms and Conditions, from now on referred to as "Terms", apply to your use of the GroovyCart website and the services available on it.
  2. There are two types of user of GroovyCart: shop-owners who own shops and customers who browse/buy products from shops.
  3. Throughout these terms, the word "you" refers to the website user as either "shop-owner", "customer", or both.
  4. These Terms are divided into three sections, one or more sections may be applicable to you:
    1. terms common to all,
    2. terms specific to shop-owners and
    3. terms specific to customers.
  5. These terms are published via the GroovyCart Help Manual.
  6. Updates to these Terms will be published via the GroovyCart Help Manual.
  7. We reserve the right to change these Terms at any time.
  8. By ticking the box you are agreeing to these Terms and digitally signing it (this is legally binding).
  9. Your continued use of GroovyCart means you are agreeing to these Terms and digitally signing it (this is legally binding).

2. Common to All

2.1 What is GroovyCart?

  1. GroovyCart is a browser based shop hosting service that allows shop-owners to create branded shops to sell their products over the internet without any technical knowledge.

2.2 Use of GroovyCart

  1. The GroovyCart system is owned by GroovyCart Limited. When you buy a subscription you are not buying the software just the license to use it.
  2. GroovyCart is provided to you 'as-is'. We have taken reasonable care to ensure that it works correctly and contains no errors, viruses or defects, however we cannot guarantee this.
  3. GroovyCart will not be liable or responsible in any way for any errors, bugs, viruses, poor performance, unavailability or malfunction.
  4. GroovyCart has taken reasonable steps to protect data (through such things as data encryption), however we cannot guarantee loss or theft of data.
  5. GroovyCart has taken reasonable steps against hacking, however we cannot guarantee against loss of identify or theft of data.
  6. From time-to-time it is necessary to do software upgrades and updates. We will attempt to provide advanced notice of changes.
  7. GroovyCart will not be liable or responsible in any way for changes of functionality or removal of functionality.
  8. You must not use the services or allow the services to be used:
    1. In any way which is unlawful, according British Laws.
    2. To send/publish offensive, indecent, menacing, nuisance or hoax messages or to cause annoyance, inconvenience or needless anxiety;
    3. To send, knowingly receive, upload, download, or use any material which is offensive, abusive, incident, defamatory, obscene or menacing; or
    4. In any way which we reasonably think is, or is likely to be, detrimental to the provision of the services to you or any of our customers.
  9. You must not attack or abuse any of the GroovyCart systems.
  10. You are responsible for the security and proper use of any user ids, passwords and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorized people.
  11. We reserve the right to limit/cease any/all functionality to any individual we see fit, including money transactions.
  12. All material on the Groovycart website, including coding and logos are either copyright GroovyCart, traded marked GroovyCart or copyright of their respective owners.
  13. All intellectual property rights and ideas are owned by GroovyCart.
  14. You must not reverse engineer any of the GroovyCart systems.
  15. You are not allowed to slander GroovyCart.
  16. You are not allowed to hide any branding or warning information that GroovyCart has purposely put on there for the customer to see e.g. Adverts, "This shop is hosted by GroovyCart".
  17. Your registration and continuation of service will be reviewed on a 3 month rolling contract basis.
  18. From time-to-time we may e-mail you about information that we think you will be interested in.
  19. GroovyCart is not responsible for any products or content created by shop-owners.
  20. We do not provide any training for the system; any tuition may cost extra.

2.3 Privacy of Data

  1. Any information you obtain through the use GroovyCart is bound by the Data Protection Act. You must not distribute this information.
  2. To allow you to use GroovyCart it is necessary to put a "cookie" onto your computer.
  3. For further information on our Privacy policies, see the Data Privacy page.

2.4 Operational Service

  1. GroovyCart service cannot be guaranteed. There is no Service Level Agreement in place, the server is "up-when-it-is-up" and "down-when-it-is-down".
  2. Backups are taken on a daily basis. However, we cannot guarantee to restore files or guarantee against data loss. GroovyCart cannot be held liable for this.
  3. You acknowledge that GroovyCart TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE BRITISH LAW in no event will GroovyCart be liable for any loss or damage whatsoever whether direct, indirect or consequential (including, without limitation, damages for loss of data, loss of revenue or anticipated profits, business interruption, loss of business, loss of business information, loss of opportunity or any other pecuniary loss) arising out of the use, or inability to use GroovyCart, even if GroovyCart is aware of the possibility of such losses or damages.

2.5 Beyond Our Control

  1. Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. In these cases, we do not accept responsibility.
  2. We are not responsible for any links to third party websites.
  3. We are not responsible for any actions undertaken by third parties.

2.6 Ending or suspending GroovyCart

  1. We may suspend or end the availability of the Service, or remove the GroovyCart website at any time without notice. If we suspend the Services or end the Services, we will try and tell you if you need to do anything before we reinstate it. We do not warrant that any reinstatement will occur. We reserve the right to terminate your use of the services at any time.

3. Shop-Owner

  1. Through the GroovyCart website, GroovyCart makes available to you:
    1. A Registration tool that allows you to create an on-line shop.
    2. An Admin tool that allows you to maintain your shop and add/edit product details.
    3. A customer facing shop-front that allows customers to browse your shop and buy your products.
    4. Help pages that provide assistance to you.
  2. We do not guarantee that your shop will generate any revenue for you.

3.1 Shop-Owner - your responsibilities

  1. Any shops and products created by you on your shop may potentially be browsed, and bought, by anyone on the internet (referred to in these terms as customers). If you do not intend to sell any products then you must make it clear on your shop. If you do intend to sell items then you must fulfill the customer's order.
  2. All products you sell on your shop must be owned by you or you must have permission from the owner to sell them.
  3. You must be in possession of any items you list for sale.
  4. You are bound by British law on any items that you list for sale.
  5. You agree to have read and signed user agreements of our partners (e.g. Google Checkout, PayPal, etc.) which are applicable to you.
  6. You must own the copyright to any material you publish.
  7. Where appropriate, for health & safety and to comply with any regulations, it is the shop-owner's responsibility to correctly label and describe any warnings about their products or shop contents.

4. Customer

  1. Through the GroovyCart website, GroovyCart makes available to you:
    1. A customer facing shop-front that allows you to browse shops and buy products hosted on the GroovyCart website.
    2. Help pages that provide assistance to you.

4.1 Customer - your responsibilities

  1. Under the shop-owners terms, a shop-owner is obliged to make it clear whether their products are available to be bought. It is your responsibility to check that the shop is ready and prepared to sell an item to you.
  2. You must take all the necessary precautions before making any payment (Buyer-Beware).
  3. All transactions are between you and the shop-owner. GroovyCart is simply a hosting service.
  4. If you order a product then you must complete the transaction and pay for the goods.
  5. In the event of a dispute, this is between you and the shop-owner, not GroovyCart.
  6. You are bound by British law on the items you may buy.
  7. You agree to have read and signed user agreements of our partners (e.g. Google Checkout, PayPal, etc.) which are applicable to you.
  8. It is the customer's responsibility to check with the shop-owner that any products they purchase are safe and comply with any regulations.

GroovyCart

David Strachan

 

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