Updated as on 4th January 2021
This Terms of Service Agreement (the “Agreement”) and any guideline, policy or content displayed on the Site forms a legally binding agreement made between you, whether personally or on behalf of an entity (“You,” “Your”, “User”, “Customer”) and Teamx Tec FZE Dubai a company incorporated in Dubai Silicon Oasis Authority (DSOA) Dubai, holding license No 3066,(“Xcart,” “We,” “Us”) and is made effective as of the date of your use of this website www.xcart.ae (“Site“) .
This Agreement sets forth the general terms and conditions of your use of the Site and the services purchased or accessed through this Site (the “Services”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
YOU UNDERSTAND THE TERMS OF THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE WITH THIS TERMS OF SERVICE AGREEMENT, THEN REFRAIN FROM USING THE SERVICES OF XCART OR USING THE SITE.
Xcart may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.
In addition, Xcart may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. XCART RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United Arab Emirates or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “You”, “Your”, “User” or “Customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, XCart finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
IN NO EVENT SHALL XCART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL XCART’S TOTAL AGGREGATE LIABILITY EXCEED 100$ U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Subject to the terms and conditions of this Agreement and our other policies and procedures, XCart shall use commercially reasonable efforts to attempt to provide the Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis.
You acknowledge and agrees that from time to time the Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that XCart undertakes from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Xcart has no control over the availability of the Site or the Services on a continuous or uninterrupted basis, and that XCart shall have no liability to you or the Customer or any other party with regard thereto.
In the event payment is being done by the Customer to XCart through Paypal in United States Dollars then the Customer shall be liable to pay the processing fees as well as incurred on remitting that amount to XCart.
In the event the Customer fails to comply with the terms of this Agreement or fails to make payment of any Fees for the Subscription Period then XCart shall be entitled:
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by XCart. XCart assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, XCart does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release XCart from any and all liability arising from your use of any third-party website. Accordingly, XCart encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
You agree to protect, defend, indemnify and hold harmless XCart and its officers, directors, employees, agents, and third party Service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by XCart directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
XCart makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
The terms of this Agreement, and your use of the XCart Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between XCart and you.
This Agreement together with any other legal or fee notices provided to you by XCart, shall constitute the entire agreement between you and XCart concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between XCart and you, including those made by or between any of our respective representatives, with respect to any of the XCart Services.
XCart may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the XCart Services and/or Licensed Content to a third party without your consent or prior notice to you. You shall not assign or transfer any of your rights and obligations hereunder without the prior written consent of XCart. Any attempted or actual assignment thereof without XCart’s prior explicit and written consent will be null and void.
If any provision of this Agreement is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the terms of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.
The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience. They do not define, limit, construe or describe the scope or intent of the provisions of this Agreement.
All notices or requests to or from a User(s) shall be effective if either delivered personally, sent by courier, registered mail, facsimile, or e-mail to the User(s) on the Site for the last known correspondence, fax, or e-mail address provided by the User(s) or by posting such notice or request on a publicly accessible area of the Site without charge.
Xcart will not provide any Services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
This Agreement is governed by and construed in accordance with the laws of the Dubai International Finance Center (“DIFC”) unless the Parties mutually agree otherwise. If any dispute, claim, difference or controversy arising out of, relating to or having any connection with this Agreement including as it may relate in any way to your use of any of our Service, sold or distributed by us or through www.xcart.ae , or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the DIFC Small Claims Tribunal (“SCT”) unless the Parties mutually agree otherwise. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have jurisdiction to settle such Dispute unless the Parties mutually agree otherwise.
You can send an email to Hi@xcart.ae if you would like to contact us to know more about this Agreement or about any matter relating to our Services.