Terms of use
1 Introduction and Acceptance of Terms of Use
Welcome to Cartbuy, an e-commerce platform formalized in Brazil and operating worldwide. By accessing or using Cartbuy’s services, you agree to comply with and be bound by the following terms of use. If you do not agree to these terms, please do not use the platform.
1.1 Definitions
“Platform”: Refers to the e-commerce platform offered by Cartbuy.
“User”: Refers to any natural or legal person who accesses or uses the Platform.
“Terms of Use”: Refers to the terms and conditions set out in this document.
1.2 Acceptance of Terms
By accessing or using the Platform, you acknowledge that you have read, understood and agreed to these Terms of Use as well as our Privacy Policy. If you do not agree with any part of these terms, we recommend that you do not use the Platform.
1.3 Modifications to the Terms
Cartbuy reserves the right to modify or update these Terms of Use at any time at its discretion. Any significant changes will be communicated to Users by notice on the Platform or by other appropriate means. Continued use of the Platform following such modifications constitutes acceptance of the changes.
- Use of the Platform
In this section, we will cover the details related to the use of the Platform, including who is eligible to use it, how to register an account, the user’s responsibilities and the restrictions of use.
2.1 Eligibility to Use
By using the Cartbuy Platform, you represent and warrant that you have the legal capacity to enter into a binding contract under the laws of your country of residence. If you are using the Platform on behalf of a company or entity, you represent that you have the authority to bind that company or entity to these Terms of Use.
2.2 Account Registration
To access certain features of the Platform, you may need to create a user account. You agree to provide accurate, current and complete information during the registration process and to keep your information up to date. You are responsible for maintaining the confidentiality of your account information, including password, and for all activities that occur under your account.
2.3 User Responsibilities
You agree to use the Platform in accordance with all applicable laws and these Terms of Use.
You are solely responsible for all activities conducted through your account on the Platform.
You agree not to engage in activities that may impair, interfere with, or burden the functionality of the Platform.
When using the Platform to sell products or services, you are responsible for ensuring that those products or services comply with all applicable laws and regulations.
2.3.5 Compliance with the Consumer Protection Code
You agree to comply with all provisions of the Consumer Protection Code (Law No. 8.078/1990) and other relevant laws and regulations that apply to electronic commerce. This includes, but is not limited to:
Providing clear and accurate information about the products or services offered.
Respecting the consumers’ right of repentance in compliance with the established deadlines.
Ensuring the quality, safety and conformity of the products or services offered.
Provide complete information on prices, additional fees, delivery times and refund policies.
2.3.6 Consequences of Non-Compliance
Failure to comply with the obligations set forth in the Consumer Protection Code and these Terms of Use may result in various consequences, including but not limited to:
Temporary or permanent blocking or suspension of your account on the Platform.
Cancellation of transactions in disagreement with the Consumer Protection Code.
Legal proceedings or other legal measures that may be taken by aggrieved consumers.
2.3.7 Legal Advice
We recommend that you seek legal advice to ensure that you are aware of your obligations and responsibilities as a seller on the Platform. Failure to comply with applicable laws and regulations may result in serious consequences for you and your participation on the Platform.
2.4 Restrictions on Use
You agree not to use the Platform for any illegal, fraudulent or unauthorized purpose.
You shall not access, tamper with or make unauthorized use of the systems, servers or networks related to the Platform.
You shall not collect information from other Users without their consent.
You must not transmit viruses, worms, malware or any destructive code.
You must not attempt to decipher, decompile or reverse engineer any software used on the Platform.
3 Ownership Rights in User Content
Users retain full and exclusive ownership of any content they create, submit or post on Cartbuy’s platform. Cartbuy does not claim any ownership rights in such content.
3.2 License Granted to the Platform
By submitting, posting or displaying content on the Platform, you grant Cartbuy a worldwide, non-exclusive, royalty-free, sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content, in whole or in part, in any format, medium or technology, now known or later developed, for the purposes of operating, promoting and improving the Platform.
3.3 Moderation of Content
Cartbuy may, but has no obligation to, monitor, review and moderate User Content on the Platform. Content submitted by Users will be evaluated based on the following criteria:
Compliance with Terms of Use: Content must comply with these Terms of Use and must not violate any law, regulation or third party right.
Appropriateness: Content must not contain material that is offensive, defamatory, obscene, threatening, discriminatory, illegal or harmful in any way.
Proprietary Rights: Content must not infringe the intellectual property rights of third parties, including copyrights, trademarks and patents.
Privacy: Content must not contain sensitive personal information of third parties without their explicit consent.
Safety: Content must not include malicious links, viruses, malware or any form of harmful code.
Misleading Promotion: Content must not promote misleading, false or fraudulent information, including pyramid schemes or scams.
Relevance: Content must be relevant to the context of the platform and must not be spam or repetitive content.
Respect for the Community: Content must respect the opinions, beliefs and values of the platform’s community of users.
Minors: Content must not be inappropriate for minors, such as adult or violent content.
Legality: Content must comply with all applicable laws and regulations.
- Payments
In this section, we will cover the details related to payments on your platform, including prices, plans, payment methods and refund policy.
4.1 Prices and Plans
We offer a variety of plans to suit users’ needs. Specific prices are available on our website and may be changed with prior notification.
4.2 Payment Methods
For security, we use Stripe for subscription transactions. Subscribers can also use other gateways for their stores.
4.3 Refund Policy
Our policy allows refunds within 7 working days after subscription or renewal. Requests must be made via support. Details on our website.
4.4 Responsibility for Gateways
We do not control transactions via external gateways. Please refer to terms and policies of these services.
4.5 30-Day Trial, Plan Choice and Account Suspension
During the 30-day trial period, users can explore the platform without the need to provide credit card information. This period allows users to evaluate the available functionalities and determine which plan best suits their needs.
During the trial, users have the option to choose a plan by accessing the “My Plans” section in their account. Plan selection can be made at any time during the trial period. If a plan is not chosen by the end of the trial period, access to certain functionalities may be limited.
4.6 Notification and Deletion from the Shop
After the expiration of the trial period, if the user has not chosen a plan, an account suspension notice will be sent notifying about the impending suspension of functionalities
4.1 Participation in the Affiliate Program after Store Expiration
Participants of the affiliate program will have a specific approach after store expiration. After this period, the platform will remain accessible for affiliates, but the associated online store will be blocked. This allows Publishers to continue to use the platform for marketing, sales and demonstration activities, even if they cannot operate an active store.
4.2 Choosing a Plan and Stores in the Affiliate Program
If an affiliate does not choose a plan during the trial period of their own store, they are required to maintain at least one active store in their affiliate program membership to keep their account active on the platform. This ensures that affiliates have some store presence running, even if it is not their own, to continue to use the platform’s features.
4.3 Consultation of the Affiliate Program Terms
We remind you that affiliates should refer to the specific affiliate program Terms of Use to fully understand the conditions, obligations and benefits associated with such participation. These terms can be found on our website and detail aspects of the relationship between Publishers and Cartbuy.
If, after 30 days of the suspension notice, the user has not yet selected a plan, their store will be permanently deleted from our servers, with no possibility of recovery. This action will result in the irreversible loss of all data related to the store.
- Intellectual Property
In this section, we will outline the intellectual property aspects of your e-commerce platform.
5.1 Platform Property Rights
All intellectual property rights associated with the Cartbuy platform, including software, design, logos and content, are the exclusive property of Cartbuy and protected by copyright and other relevant laws.
5.2 Third Party Proprietary Rights
We respect the intellectual property rights of third parties. Third party rights in content and trademarks are recognized and respected. If infringement is suspected, please contact us for investigation and appropriate action.
5.3 Use of Trademarks
Trademarks associated with Cartbuy are our exclusive property. No user is permitted to use or reproduce these marks without our written authorization.
5.4 Registered in 50 Countries
We have registered our intellectual property rights, including trademarks, in 50 countries. These registrations protect our global rights and reinforce our ownership over the Cartbuy platform.
- Privacy
In this section, we will address the privacy issues related to your e-commerce platform.
6.1 Privacy Policy
Our privacy policy details how we collect, use, protect and share users’ personal information. It can be found on our website and is an integral part of these Terms of Use.
6.2 Collection and Use of Personal Information
We collect personal information only when necessary to operate, improve or personalize the user experience on the platform. This information may include contact and payment details. The use of this information is strictly in accordance with our privacy policy.
6.3 Cookies and Similar Technologies
We use cookies and similar technologies to improve the user experience, monitor activity and personalize content. Users can manage cookie preferences, but disabling them may affect the functionality of the platform.
- Termination
In this section, we will discuss the details related to the termination of user accounts on the platform.
7.1 Termination Terms
Termination terms refer to the conditions under which a user can terminate their account or subscription. Please see our termination terms on our website for detailed information on how to request termination.
7.2 Platform’s Right to Terminate Accounts
Cartbuy reserves the right to terminate user accounts that violate the Terms of Use or Platform policies. Should an account be terminated, we will notify the user and detail the reasons where possible.
7.3 Effect of Termination on Rights and Responsibilities
Upon termination of the account, access to the platform will be suspended and the rights associated with the account will be terminated. The user is responsible for fulfilling all outstanding obligations, including fees and contractual commitments.
- Limitation of Liability
In this section, we will address the limitations of liability related to the use of the Platform.
8.1 Disclaimer of Warranties
Cartbuy provides the Platform “as is” without warranties of any kind. We do not warrant that the Platform will be error-free or meet specific requirements. Use of the Platform is at the User’s own risk.
8.2 Limitation of Liability for Damages
In no event shall Cartbuy be liable for any direct, indirect, incidental, consequential or punitive damages arising out of the use of the platform. This includes damages related to loss of data, business interruption or failure to deliver services.
8.3 Indemnification of the Platform
You agree to indemnify and hold Cartbuy, its affiliates, directors, employees and agents harmless from any claims, lawsuits, losses, liabilities, costs and expenses resulting from your misuse of the Platform or your breach of these Terms of Use.
- Changes to the Terms
In this section, we will discuss how changes to the Terms of Use will be addressed.
9.1 Right to Modify the Terms
Cartbuy reserves the right to modify or update these Terms of Use at any time at the sole discretion of the Platform. Any changes will be effective upon posting on the Platform, and Users will be deemed to be aware of and bound by such changes.
9.2 Notification of Changes
Significant changes to the Terms of Use will be communicated to Users through notification on the Platform or by other appropriate means. It is the User’s responsibility to periodically review the Terms of Use to be aware of any updates.
- Applicable Law:
Jurisdiction and Applicable Law in Case of Disputes.
Any disputes or claims arising out of or relating to these Terms of Use shall be governed by and construed in accordance with the laws of Brazil, with exclusive jurisdiction of the courts located in Cerquilho, São Paulo.
10.1 Complete Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Cartbuy in relation to your use of the Platform and supersede any prior agreements.
Last updated 10/12/2024
Cartbuy.io Legal Team