Terms of Service
Last Updated: February 24, 2016
1. This is a Legally Binding Agreement between You and Selfycart
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOU REPRESENT THAT YOU ARE AT LEAST 14 YEARS OLD AND THAT YOUR PARENT OR LEGAL GUARDIAN CONSENTS TO YOUR USE OF THE SERVICE.
3. Description of Services
Selfycart provides a mobile phone application which allows shoppers in participating stores to both scan and pay for consumer goods using the Selfycart iPhone application.
Selfycart’s iPhone application is available to individual users, and is available for non-commercial use only. If you are a registered, individual user of Selfycart, you hereby warrant and represent that your use of the Service is for personal, non-commercial purposes.
4. Limited License to Use Services
If and when you use the App in connection with the Service, the technology enabling you to do so is deemed under this Agreement to be licensed to you by the Company for your personal, non-commercial use only. Company does not transfer either the title or any of the intellectual property rights to the underlying software of the Services, and Company retains full and complete title to any and all intellectual property rights currently belonging to Company. Nothing contained on the Site, App or offered in the Services should be understood to grant you a license to use any of the trademarks, service marks, or logos owned by Company.
5. Using the App to Purchase Consumer Goods
5.1. Participating Stores
You hereby agree and take sole responsibility for ensuring that a given a store is a participating store partnering with Selfycart to allow your use of the Service for purchasing goods in said store. You hereby agree to only use the Service in participating stores.
5.2. In-Store Purchase Check-Out Procedures
You hereby agree to comply with, and follow the check-out procedures of participating stores that make the Service available to their shoppers. You hereby also agree that you will comply with any request from participating store clerks and loss-prevention staff to validate and verify accurate and complete payment for goods purchased by you using the Service. YOU HEREBY EXPRESSLY AGREE TO HOLD SELFYCART HARMLESS FOR ANY ACTION IN TORT ARISING FROM YOUR USE OF THE SERVICE AND RESULTING IN ANY DISPUTE, CONFLICT OR VIOLATION BETWEEN OR BY YOU AND/OR ANY PARTICIPATING STORE.
5.3. No Guarantees or Warranties from Selfycart
Company hereby expressly disclaims any warranties or guarantees for goods purchased by you in participating stores using the Service. You hereby agree and understand that any customer satisfaction issues in regards to products purchased by you using the Service are to be resolved between you and the participating store.
5.4. Third Party Services and Promotions
Selfycart may offer the services and/or promotions of third parties to you in connection with your use of the Service. Your participation in such services and promotions will be subject to the terms of those third parties. You agree to review, and take sole responsibility for complying with, the terms governing your participation in third party services and promotions in connection with your use of the Service.
5.5. Selfycart Payment Processing
Selfycart uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells .
6. Prohibited Uses
Company imposes certain restrictions on your permissible use of the App and the Service. Using the App in any manner that violates the prohibitions in this section may result in the immediate revocation of your license for access to, and use of, the Service. You are prohibited from violating or attempting to violate any security features of the App, Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, Site, App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to upload, host or transmit the following items, including, without limitation, unsolicited e-mail, SMS messages, worms, Trojan horses or code of a destructive nature, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
7. Alleged Violations
You hereby agree to indemnify and hold harmless Company, its assignees, and/or successors in interest from and against any and all claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of any breach or alleged breach of your warrant, representation or agreement, express or implied, made by you herein, which results in a judgment by a court of competent jurisdiction.
9. No Warranties
SELFYCART HEREBY DISCLAIMS ALL WARRANTIES. SELFYCART IS MAKING THE APP AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APP OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELFYCART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SELFYCART DOES NOT WARRANT THAT THE APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, VIRUS OR ERROR-FREE, OR THAT DATA DISPLAYED BY THE SERVICES WILL BE ACCURATE OR RELIABLE.
10. Limited Liability
Selfycart’s liability to you is limited. To the maximum extent permitted by law, in no event shall selfycart, its affiliates or suppliers be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost or compromised data, lost profits or revenue due to service interruption or computer failure, regardless of the foreseeability of those damages) arising out of or in connection with your use of the app or services of selfycart. You hereby agree that selfycart’s liability to you will not exceed any fees paid by you to selfycart for the service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. User Responsibilities
11.1. You will ensure the name and email address provided in your account registration is valid at all times, and you will keep your contact information accurate and up-to-date.
11.2. You hereby agree that you will not transfer your account to anyone, and that you will not allow anyone else to use your personal Selfycart account.
11.4. You will not use the App or Service on behalf of another person, and you will not use the App or Service using the Selfycart account of another person.
12. Cancelation and Termination
Selfycart reserves the right to terminate this agreement and revoke your license to use the Service at any time, with or without notice.
13. Links and Affiliated Sites
All contents of Site, App and Service are: Copyright © 2015-2016 Selfycart Inc., 2075 De La Cruz Blvd Ste 205 , Santa Clara, CA, 95050, All rights reserved. Nothing contained on the Site, App or Service should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Selfycart or by any third party.
15. Governing Law
16. Severability; Waiver; Assignment
18. Contact Us
If you have any questions about these Terms and Conditions, please contact us at: email@example.com.