THE FOLLOWING DESCRIBES THE TERMS ON WHICH GRABCART.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for GrabCart.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.grabcart.com (the "Site") and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site.
Membership Eligibility AND AGREEMENT.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended GrabCart.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your GrabCart.com account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
You agree as a condition of use and membership that GrabCart.com may contact you for the purpose of informing you of changes to this Agreement or describing new GrabCart.com Services available on the Site.
GrabCart.com has no responsibility to resolve disputes between Buyers and Sellers regarding products sold using the GrabCart.com's Services, or otherwise. We recommend that you contact the other Member through the "Contact" links available through your Account's main page to resolve disputes. You further agree to notify GrabCart.com of any activity on the Site that you believe may be deceptive, fraudulent or misleading.
DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION
GrabCart.com will transmit certain information about a Buyer to the Seller, and about the Seller to a Buyer, upon the Buyer's commitment to purchase the Seller's listed item through the GrabCart.com's Service. You agree that you will not use or disclose to any other person or entity any part of another Member's personal information that was disclosed to you by GrabCart.com for any purpose not expressly and directly related to such transaction. Furthermore, you acknowledge and accept the risk that other Members may misuse your personal information provided to them by GrabCart.com, and you acknowledge and agree that GrabCart.com is not in any way responsible or liable for any resulting loss, harm, injury or damage which may result from such.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the any of the Services available on the Site. You are responsible for all the activity that takes place within your Member Account, even if such activities can be demonstrated to have been performed by another person or entity. You should never share the information required to access your Member Account with anyone or allow others to use your Member Account.
You agree that GrabCart.com is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold GrabCart.com, its subsidiaries, affiliates, co-brand partners and other partners, and their respective officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by GrabCart.com that arise out of any third party or governmental claim that involves, relates to, or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of GrabCart.com as a reseller of goods.
You agree as a Member that GrabCart.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or any Services.
To terminate your Member Account, you must send an email to email@example.com stating you want to terminate your account. Upon termination of your Member Account, you will still be obligated to pay any fees (or other amounts) owing to GrabCart.com.
GrabCart.com may terminate your Member Account by sending you notification to your e-mail address and/or by simply suspending access to your Account. If your Member Account or other privileges are terminated by GrabCart.com or by you, you may be considered for reinstatement, at GrabCart.com's sole discretion.
LICENSE AND SITE ACCESS
GrabCart.com grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, other than to purchase or sell items through the Site's Service, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of GrabCart.com. Any unauthorized use shall immediately terminate the licenses and rights granted by GrabCart.com and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray GrabCart.com, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any GrabCart.com, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of GrabCart.com, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
GrabCart.com does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within GrabCart.com's control.
GrabCart.com provides a number of different services to assist you in comparison shopping for products and services on the Site. GrabCart.com is paid by merchants after a merchant's product listed is sold on the Site and for promotions such as featured merchants, featured products and showcases. Additionally, through the GrabCart.com Service, GrabCart.com provides a venue allowing users who open member accounts through the GrabCart.com Member Agreement ("Member(s)"), including both individuals and merchants, to list for sale new and used products that are described on the Site. GrabCart.com receives a transaction fee from sellers when a Member has completed the purchase of an item made available by a Member for sale on the Site.
GrabCart.com does not sell, resell or license any of the products listed on the Site, nor is GrabCart.com acting as an agent of sale, and GrabCart.com disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.
GrabCart.com does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by GrabCart.com of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. GrabCart.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.
By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant GrabCart.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of GrabCart.com, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. GrabCart.com reserves the right to change, condense or delete any content on the Site that GrabCart.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post or provide any information to/for the Sites:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
- that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that seeks to obtain a commercial advantage;
- that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
- that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.
In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit.
You agree that you that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on GrabCart.com's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without GrabCart.com's prior written consent.
Credit card payments.
For credit card transactions, the buyer will be charged by GrabCart.com and GrabCart.com will transfer the funds to the seller. For each month, GrabCart.com will collect all the credit card funds owed to a seller and then send it out to the seller on the 15th of the following month. We may change our Credit Card Payments policy for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes on the Site.
Fees and Services.
Listing, joining or buying products on GrabCart.com is free. However, we do charge a fee to a merchant once a buyer does purchase product from the merchant. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site.. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. Fees for our services are described at http://www.grabcart.com/grab/fees
This Agreement shall be governed in all respects by the laws of the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by GrabCart.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. stated above (Fees and Services) with respect to fees owed for our services shall survive any termination or expiration of this Agreement.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
GrabCart.com disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). GrabCart.com will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include GrabCart.com removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to GrabCart.com regarding matters other than informing GrabCart.com that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted to the following:
By Email: firstname.lastname@example.org
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GrabCart.com to locate the material;
4. Information reasonably sufficient to permit GrabCart.com to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. GrabCart.com shall remove or disable access to the Third Party Content
that is alleged to be infringing;
2. GrabCart.com shall forward the written notification to the alleged infringer (the "Subscriber");
3. GrabCart.com shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to GrabCart.com's Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled";
4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which GrabCart.com may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and GrabCart.com will comply with this requirement within a reasonable time (or as otherwise required by law), provided GrabCart.com's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on GrabCart.com's network or system.
You may submit a merchant reviews on the Site or through our Satisfaction Survey to describe your shopping experiences with merchants.
- You may submit a merchant review only in good faith and about a merchant from whom you have actually purchased or attempted to purchase products, limited to where you have (i) completed the ordering process, (ii) exchanged payment data, and/or (iii) received an invoice number.
- You agree to submit the corresponding and legitimate invoice number or equivalent confirmation of order number/identifier when submitting the merchant review ("Invoice Number"). You acknowledge and agree that the Invoice Number will be made available by GrabCart.com to the applicable merchant in conjunction with your review, and accordingly, the merchant may be able to contact you regarding your review or otherwise.
- You may only describe your experience with the merchant for which you are writing a merchant review. You should not review any merchant on situations that are not controlled by the merchant you are reviewing.
- You may submit no more than one merchant review of a particular merchant in any thirty (30) day period.
- Any merchant review that you submit is subject to the conditions and restrictions described in the CONTENT SUBMISSION section, above..
At GrabCart.com ("GrabCart") we want you to know exactly how and when we collect and use information that can specifically identify you, such as your name, mailing address, phone number, and email address ("personal information").
GrabCart.com will not disclose your personal information to any third party unless: 1) it is necessary in order to provide you with a particular Service you have requested; 2) it is required of GrabCart.com in order to comply with a legal process in any applicable jurisdiction (e.g., court order, subpoena, search warrant, law enforcement request); 3) GrabCart.com determines, in its sole discretion, that disclosure is necessary to protect the rights, property, and safety of GrabCart, its subsidiaries, affiliates, co-brand partners or other parties under contract with GrabCart, our users, or others; or 4) you have provided such data through a partner's private-level shopping web site hosted by GrabCart, in which case GrabCart.com may provide your personal data to that partner (GrabCart.com is not responsible for its partners' privacy policies or their use, storage and processing of data collected on their web sites). In addition, GrabCart.com may transmit information to a merchant, such as an invoice number, which may permit the merchant to deduce the identity of a user/reviewer in the event that a merchant disputes a user review on the grounds that a transaction never took place between the user and the merchant and/or an order was never made by the user in each case for the applicable product(s)/service(s).
In certain instances, GrabCart.com may request that you provide secondary information (e.g., demographic information), which we may use, for example, to learn more about our customers and to develop and improve our services. Any requests for secondary information will be marked "optional" (or its equivalent). We may compile your personal information with that collected from other customers to create aggregate data. Aggregate data is information about groups of customers and, once compiled, will in no way identify you as an individual. We may disclose aggregate data to our business affiliates, advertisers, and other parties.
Our web servers collect from Site visitors statistical information regarding what pages are visited, the date and time of the visits, how long it took a user to download a page, and the TCP/IP address of the user. These automated server functions do not collect this information in a manner intended to identify your individual use of the Site, nor do we use this information for any such purpose. This information is collected to assist us in maintaining a high quality site, as well as providing necessary traffic information to our advertisers. This information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see.
The Site contains cookie technology, which collects non-personal information about you which is used to customize the Site for your future use.
The Site contains links to web sites of third parties. GrabCart.com is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. GrabCart.com adheres to industry recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
Privacy Statement for Users Transacting Using our Service
If you participate in a transaction through our Service, you should be aware that GrabCart.com will disclose certain of your personal information to the other transacting party as follows:
If you are the seller or a buyer using our Services, we may provide to the other party to the transaction your: complete name, e-mail and telephone number.
In the event that a seller and a buyer in a Storefronts transaction agree to use a money order or cashiers check for transaction payment, the seller is obligated to receive payment at the address that matches the address for a valid credit card on file with
For transactional services available to our Members, in addition to the above, we will request credit card information and additional personal data to GrabCart.com. GrabCart.com will provide the buyer with the seller's name and address, and sellers must agree to the provision of this information to buyers by GrabCart.com. verify your identity. GrabCart.com may verify the information provided in membership applications by authorizing a charge on the credit card provided in the application, not to exceed $1.00, but GrabCart.com does not actually charge the credit card any money in the verification process.
As a seller using our service your credit card information will never be intentionally disclosed to any other member. GrabCart.com will not pass the buyer's credit card information to the seller, If the buyer chooses to pay with a form of payment other than credit card. When using our service, GrabCart.com may disclose your credit card information to the seller, or to the agents that process the seller's credit card payments, only if you select to pay by credit card for your purchases. GrabCart.com may also disclose a Member's credit card information to those companies that GrabCart.com uses to authorize and process credit card payments.
Copyrights and Trademarks
Content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by GrabCart.com and/or its licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and GrabCart.com has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: email@example.com.
Copyright 2014 GrabCart.com. All rights reserved.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY GrabCart.com ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GrabCart.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GrabCart.com SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. GrabCart.com DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF GrabCart.com'S CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GrabCart.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GrabCart.com MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM GrabCart.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GrabCart.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.