Terms and  Service

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. 

 

By using our Services, you acknowledge that you have read our Privacy Policy at https://xcart.ae/privacy-policy/  (“Privacy Policy”).

 

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.

 

  • DEFINITIONS

 

  1. The following definitions apply to this Agreement and all Agreements executed between the Xcart and User.

 

  1. Online Store” means a website or application by means of which goods or Services are sold over the internet.

 

  1. Customer” means an individual or entity who uses Xcart’s Services for developing an Online Store.

 

  1. OFAC” means Office foreign assets control (OFAC) sanctioned countries.

 

  1. Subscription Period” means a yearly or monthly period for which the Customer avails the Services of Xcart.

 

  1. Fees” means the subscription fees paid by the Customer to Xcart for the Subscription Period.

 

  • MODIFICATION OF AGREEMENT, SITE OR SERVICES

 

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.

 

  • ELIGIBILITY; AUTHORITY

 

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. 

 

  • YOUR ACCOUNT

 

  1. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. 

 

  1. You represent and warrant to Xcart that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. You are also obligated to update your data in case it was changed in practice.

 

  1.  If XCart has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, XCart reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. 

 

  1. If you use any of XCart Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. 

 

  1. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Xcart immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. 

 

  1. XCart will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss XCart or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

 

  • GENERAL RULES OF CONDUCT

 

  1. You acknowledge and agree that:

 

  1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement, Privacy policy and all applicable local, state, national and international laws, rules and regulations. 

 

  1. You will not use this Site or the Services in a manner (as determined by XCart in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;

 

  • ROLE OF XCART

 

  1. The role of Xcart lies as a provider of building Online Stores, and this means that our commitment is only in building an Online Store for the Customer.

 

  1. Xcart provides other Services related to e-commerce, including marketing and guidance for the Customer.

 

  1. There is no commitment by Xcart regarding sales and purchases to the public, and the role of Xcart ends when Xcart builds an Online Store for the Customer.

 

  1. Xcart has no relation to transactions between the Customer and the third-party Service providers.

 

  1. Xcart’s role and responsibility ends with building an online store for the Customer and it has nothing to do with anything else.

 

  • LIMITATION OF LIABILITY

 

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 

 

  1. THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE;
  2.  THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, OR OTHERWISE) TO THIS SITE;
  3. THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, OR OTHERWISE) TO THIS SITE, 
  4. THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, 
  5. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, 
  6. ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, OR OTHERWISE) TO THIS SITE, 
  7. ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, OR OTHERWISE OBJECTIONABLE, AND/OR 
  8. ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE WHETHER OR NOT XCART IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

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.

 

  • RULES ON BUILDING AN ONLINE STORE

 

  1. The Online Store must not be in violation of the laws and regulations in force in United Arab Emirates, or any applicable law in force in Customer’s jurisdiction and the Customer is obliged to clarify the type of business that he conducts or is willing to conduct.

 

  1. Xcart disclaims any responsibility for any Online store that violates the laws in force in the United Arab Emirates or any applicable law in force in Customer’s jurisdiction, and XCart reserves the right to reject any activity or Online store that violates the Terms of this Agreement.

 

  1.  The Customer cannot use XCart’s Services through the Site if his membership is cancelled or terminated by XCart.

 

  • AVAILABILITY OF WEBSITE/SERVICES

 

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.

 

  • PRICING FOR ONLINE STORES ON XCART

 

  1. You can pay on Xcart through the available payment methods that are offered on the Site, which are done online.

 

  1. Xcart reserves the right to freeze and prevent the completion of any payment that violates the obligations of this Agreement or cancel any purchase that results from our technical mistake leading to a difference in the quoted price from its market value and we are not responsible for those amounts.

 

  1. Xcart may in its sole discretion cancel, amend or change any form of Pricing available on the Site. 

 

  1. Xcart reserves the right to change its Pricing at any time, upon notice to the Customer if such change may affect the Customer’s existing subscriptions.

 

  1. All payments shall be deemed to be in United Arab Emirates Dirhams unless the payments are being through Paypal in United States Dollars, or as specifically stated otherwise in writing by Xcart. 

 

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.

 

  1. To the extent permitted by law (and unless specified otherwise by XCart in writing), all payments are exclusive of all taxes (including value added tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and the Customer shall be responsible for payment of all applicable Taxes relating to the Customer’s use of the Xcart Services, or to any payments or purchases made by Customer. 

 

  • CUSTOMER’S INTELLECTUAL PROPERTY

 

  1. As between Xcart and Customer, the Customer shall own all intellectual property pertaining to the Customer’s Content and to any other materials created by Customer, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works provided by the Customer. XCart does not claim ownership rights on the Customer’s content. 

 

  1. For the sole purpose of granting Customer, the Service, the Customer agrees that Xcart needs to access, upload and/or copy Customer’s content to XCart site including cloud Services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our Services, as we deem fit.

 

  • XCART’s INTELLECTUAL PROPERTY

 

  1. All rights, title and interest in and to the XCart Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, Service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Xcart.

 

  1. Subject to Customer’s compliance with this Agreement and timely payment of Fees for the Subscription Period, Xcart hereby grants the Customer, upon creating User Account on the Site and for as long as Xcart wishes to provide the Customer with its Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Xcart Services and licensed content, as expressly permitted under this Agreement, and solely within the Services.

 

  1. This Agreement does not convey any right or interest in or to Xcart’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in this Agreement constitutes an assignment or waiver of Xcart’s Intellectual Property rights under any law.

  1. Xcart owns all rights in its Services, data, technology and features and Intellectual Property.

 

  1. The Customer may use Xcart’s Services and content so long as the Customer fully complies with the terms of this Agreement and ensures full and timely payment of Fees for the Subscription Period.

 

  • CANCELLATION BY CUSTOMER

 

  1. The Customer may discontinue to use and request to cancel its User Account and/or any XCart Services at any time, in accordance with the instructions available on the Site. The effective date and time for such cancellation shall be the date and time on which the Customer has completed the cancellation process on the Site and after completion of the Subscription Period. 

 

  1. Notwithstanding anything to the contrary in the foregoing, each such User Account of the Customer will be discontinued only upon the expiry of the Subscription Period for which the Customer has already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective Fees, the cancellation request should be made at least fourteen (14) days prior to the expiry of the Subscription Period.

 

  • CANCELLATION OF ACCOUNT BY 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:

 

      1. Suspend Customer’s Account (until full payment is made) or 
      2. Cancel the Customer’s Account and Online Store or
      3. Disable certain features thereof) as well as any related Services or Third-Party Services to the Customer.

 

  • LINKS TO THIRD-PARTY WEBSITES

 

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.

 

  • INDEMNITY


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.

 

  • COMPLIANCE WITH LOCAL LAWS


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.

 

  •  RELATIONSHIP

 

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.

 

  • ENTIRE AGREEMENT

 

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. 

 

 

  • ASSIGNMENT

 

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. 

 

  • SEVERABILITY AND WAIVER

 

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.

 

  • INTERPRETATION

 

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.

 

  • NOTICES

 

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.

 

  • SANCTIONS

 

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.

 

  • APPLICABLE LAW

 

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.

 

  • CONTACT US

 

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.

 

 

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