Terms

Copyright (c) 2020 ParetoCart

Terms

 

Summary

These Terms of Service can be summarised as follows:

  1. You may not do anything illegal.

  2. You must treat others with dignity and respect.

  3. You must accept responsibility for your business.

  4. You must pay all applicable fees on time.

  5. We have the right to protect our customers, employees, and partners by refusing service to people who don't comply with these Terms of Service.

  6. We have the right to make decisions that we believe will improve the products and services that we offer.

1. ParetoCart Account

  1. This agreement is entered into between ParetoCart Limited, hereafter referred to as "ParetoCart," "We," "Us," and so forth, and the user of this website hereafter referred to as the "Client," "You," and so forth.

  2. You must be at least 18 years old to sign up for and utilize services offered by ParetoCart (“Services”).

  3. To access and use these Services, you must register for a ParetoCart account (“Account”) by providing all information required during the signup process.

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

  5. You are responsible for all activity and content such as data, graphics, photos, and links that are uploaded to your ParetoCart Website (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.

  6. A breach or violation of any term in this Terms of Service as determined by ParetoCart may result in the termination of your Account.

2. General Conditions

  1. You acknowledge and agree that ParetoCart may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the ParetoCart website and such amendments to the Terms of Service are effective as of the date of posting.

  2. You may not use the ParetoCart 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).

  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without the express written permission from ParetoCart.

  4. This Agreement is governed by the law of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.

3. ParetoCart Rights

  1. ParetoCart reserve the right to modify the Services at any time.

  2. ParetoCart may, but has no obligation to, remove Store Content, and Accounts containing content that we determine are unlawful, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  3. Verbal or written abuse of any kind directed at any ParetoCart customer, employee, member, or officer may result in the termination of your Account.

  4. ParetoCart reserves the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that ParetoCart employees and contractors may also be ParetoCart customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

  5. In the event of a dispute regarding Account ownership, ParetoCart reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, and so forth.

  6. ParetoCart retains the right to determine rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, ParetoCart reserves the right to temporarily disable an Account until a resolution has been determined between the disputing parties.

4. Limitation of Liability

  1. You expressly understand and agree that ParetoCart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of the Services.

  2. In no event shall ParetoCart or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising). You agree to indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party.

  3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty of condition; expressed, implied, or statutory.

  4. ParetoCart does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.

5. Waiver and Complete Agreement

  1. The failure of ParetoCart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ParetoCart and govern your use of the Services, superseding any prior agreements between you and ParetoCart (including, but not limited to, any prior versions of the Terms of Service).

6. Intellectual Property

  1. ParetoCart does not claim any intellectual property rights over the material you provide to the Services. All material you upload remains yours.

  2. You retain ownership over all Store Content that you upload to a ParetoCart store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.

  3. ParetoCart will not disclose your confidential information to third parties, except as required in the course of providing our Services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

  4. ParetoCart shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your store to promote the Services.

7. Payment of Fees

  1. You agree to pay the Fees related to the Services (“Fees”) and any other applicable fees due to ParetoCart on time by keeping a valid credit card on file with us.

  2. ParetoCart will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and ParetoCart will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and all outstanding Fees have been paid.

  3. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

  4. Subscription Fees are paid in advance and will be billed at intervals in accordance with the billing frequency selected.

  5. Additional Fees related to the Services will be charged on the 28th day of every month where applicable.

  6. Fees will appear on an invoice, which will appear on the Account page of your ParetoCart administration console.

  7. All Fees are displayed exclusive of applicable federal, provincial, state, local or other governmental sales, goods, and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

8. Cancellation and Termination

  1. If you wish to cancel your subscription to our Services you may do so by submitting a support ticket, at least 48-hours prior to your next billing date, informing us of your desire to terminate your account. Once we have received your request, your Account will be terminated immediately.

  2. Upon termination of the Services by either party for any reason:

    1. ParetoCart will cease providing you with the Services, and you will no longer be able to access your Account;

    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees;

    3. any outstanding balance owed to ParetoCart for your use of the Services through the effective date of such termination will immediately become due and payable in full; and

    4. your store website will be taken offline.

9. Service and Price Modifications

  1. Prices for using the Services are subject to change upon 90 days notice from ParetoCart. Such notice may be provided at any time by posting the changes to the ParetoCart website (paretocart.com).

  2. ParetoCart shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

10. Competition

  1. Entry for the Professional Vagabond Competition (the "Competition") will commence on Monday the 26th of March 2018 and will close on Monday the 30th of July 2018.

  2. ParetoCart’s decision in respect of all matters related to the Competition will be final.

  3. No cash alternative to the prizes will be offered, and the prizes are not transferable.

  4. Winners will be chosen by ParetoCart based on the performance of their business.

  5. Winners will be notified in writing within 28 days of the closing date of the competition. If the winner cannot be contacted or does not claim the prize within 14 days of notification, or is not available during the time of the trip, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

  6. The winner understands that the trip will be filmed and agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

  7. The winner of the competition will receive the following:

    1. Two return economy-class air tickets to Indonesia ("Destination") from any single country in the world.

    2. A jam-packed itinerary that includes pre-arranged activities as chosen by ParetoCart.

    3. Luxury accommodation for two people sharing for the duration of the stay at the Destination.

    4. Three meals and three drinks per person per day for the duration of the stay at the Destination.

    5. Transport to and from accommodation and pre-planned activities while in the Destination.

    6. Additional bonuses that ParetoCart may, in its sole discretion, decide to add.

  8. The winner of the competition will not receive anything that is not explicitly mentioned in section 10.7 above.