TERMS OF USE

User's Acknowledgment and Acceptance of Terms

By accessing the domain AllCart.com (our website) and using the AllCart app (AllCart app) and any or all of our services (our services), you agree to these terms of use ("Terms of Use").

These Terms of Use govern your access of the domain AllCart.com and your use of the AllCart app and our services and affect your legal rights and obligations. Do not access our website or use the AllCart app if you disagree to these Terms of Use.

Use of the AllCart App on a “trial” basis or period is also governed by these Terms of Use.

These Terms of Use is effective August 17, 2020. AllCart may modify, update and alter these Terms of Use from time to time without sending you notice. You hereby agree and acknowledge that you shall review this site regularly to be updated with these modifications, updates and alterations. Any access or use of AllCart.com, AllCart app and/or our services after such modification, update and alteration is tantamount to your agreement with the same. You must review these Terms of Use and any Updated Terms before accessing AllCart.com, AllCart app and/or our services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your access and use of AllCart.com, AllCart app and/or our services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

Any update, modification and enhancement on the AllCart app itself is also governed by these Terms of Use.

Again, by accessing or using the AllCart.com, AllCart app and/or our services, you agree and bind yourself to these Terms of Use.

Description of Services

Our services include, but is not limited to, provision of data and information of groceries, supermarkets and stores as well as their products and promotions with their logos, hours of operation, location, weekly specials, sale items, products and pictures. It may also include photos and images taken from the web as illustrations.

We have the right to change or terminate the AllCart App or your access to AllCart.com, AllCart app and/or our services for any reason, without notice, at any time, and without liability to you. You agree that upon the exercise of this right, we shall not be liable to you or to any third party.

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately end.

Registration Data and Privacy

You can download and use the AllCart App without need of prior registration. However, if you want to share something from the AllCart App and/or invite your friends to use the same, you would be required to create an account and a password which will then be used everytime you access the AllCart App or the website.

By creating an account, you acknowledge that all the information you provide is true and accurate. You hereby agree that you will update this information when necessary to keep it true and accurate.

You likewise agree to AllCart gathering your actual location data and to storing the same. You consent that AllCart may use said location data to identify and display other businesses close by, to enhance our services and for such other legal purposes the company may deem necessary.

These location data, along with some other necessary information, may be shared by AllCart with third-party organizations that help us provide the Service to you. Our Service Providers will be given access to your information which is needed to provide the Service under reasonable confidentiality terms.

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password.

These information you provide and any other information we gather upon your use of the AllCart.com, AllCart app and/or our services is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms of Use.

Conduct on Site

Accessing and using the AllCart.com, AllCart app and/or our services shall be governed by all applicable laws and regulations. Thus, by accessing AllCart.com, AllCart app and/or our services, you warrant that you are authorized and not prohibited by law to access the same. Otherwise, please do not access the AllCart.com, AllCart app and/or our services.

Posting violent, discriminatory, unlawful, infringing, hateful, and other illegal content via the AllCart app is prohibited.

You are responsible for any activity that occurs through your account and you agree not to sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, AllCart prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.

You agree that you will not solicit, collect or use the login credentials of other AllCart users.

Do not use the AllCart.com, AllCart app and/or our services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of AllCart.com, AllCart app and/or our services including, but not limited to, copyright laws.

You are responsible for all information you post or display on or via the AllCart.com, AllCart app and/or our services.

You must not change, modify, adapt or alter the Service and of another website so as to falsely imply that it is associated with AllCart.com, AllCart app and/or our services.

Creating unwanted email, comments, likes or other forms of commercial or harassing communications to any AllCart user is prohibited.

You must not interfere or disrupt AllCart.com, AllCart app and/or our services or servers or networks connected to the AllCart, including transmitting any viruses, spyware, malware or any other code that can destroy the AllCart app.

You must not discourage other users from the use of the AllCart.com, AllCart app and/or our services or facilitate violations of these Terms of Use or any other AllCart rules.

Violation of these Terms of Use may result in termination or deactivation of your account. You must understand and agree to these Terms of Use in order to enjoy access and use of AllCart.com, AllCart app and/or our services.

AllCart is not liable for any content or information posted or submitted by any person, entity or third party users. We have no obligation to remove, edit, block and monitor accounts containing content that we know in our sole discretion violates these Terms of Use. Although we do not monitor, check and screen posted contents of third party used, we reserve the right to delete, hide or remove any content which is not compliant with these Terms of Use or is otherwise illegal, dangerous, objectionable, or inaccurate. However, any delay or failure in removing such contents shall not render us liable in any way. You hereby agree that we may exercise this right to delete, hide or remove at any time as necessary and appropriate and you waive any claim against us arising out of the exercise of such right.

We have the right to deny access to AllCart.com, AllCart app and/or our services to anyone for any reason at any time.

You are responsible for all data charges you incur while using AllCart.com, AllCart app and/or our services.

We prohibit accessing any content on AllCart.com, AllCart app and/or our services via automated means, including but not limited to, user profiles and photos.

Third Party Sites and Information

AllCart.com, AllCart app and/or our services may direct you to other sites on the Internet and other materials and services provided by other parties which may provide ease and convenience to users. Such inclusion does not mean that we endorse, or we are associated with, these sites.

Unauthorized Use of Materials

The AllCart.com, AllCart app and/or our services contains content owned or licensed by AllCart and is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and the AllCart, AllCart owns and retains all rights in the contents of AllCart.com, AllCart app and/or our services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AllCart content and you will not copy, change, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the AllCart Content.

The AllCart name and logo are trademarks as well as headers, custom graphics, button, icons and scripts are service marks, trademarks and/or trade dress of AllCart, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Any Content, communication or material that you transmit to AllCart.com, AllCart app and/or our services in any way and for any reason will be considered non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with AllCart is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place AllCart in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of AllCart, and will not be liable for any use or disclosure of any Content you provide.

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. In addition, AllCart does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that AllCart is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

We shall not be liable for taking no action or any action on any material transmitted, communicated or posted by a user or any other party on its website, app or service.

AllCart.com, AllCart app and/or our services is governed by copyright, trademark or other intellectual property laws and we respect the intellectual property of others. You hereby agree to render the same respect. You further agree and acknowledge that we have the right to immediately remove any material, data or information from AllCart.com, AllCart app and/or our services upon our receipt of any notice of a claim of copyright infringement. Said removal shall not render us liable to you or any other party.

AllCart reserves the right to disclose the identities especially when required to do so by the proper authority, in answer to a request of any law enforcer through a valid court order and/or in lawful investigations. AllCart shall not be held liable for any claims arising out of the action taken by the Company in relation to such investigations.

Disclaimer of Warranties

Use AllCart.com, AllCart app and/or our services is on a “as is, where is” basis. AllCart shall not be held liable for any damages, whether a direct or consequential effect, that resulted from the use of its website, app or service. You also hereby agree that AllCart shall not be liable for any claim, loss and any other liability as a result of your violation of a third party’s rights.

Technical, typographical or any other mistakes and inaccuracies may occur on AllCart.com, AllCart app and/or our services. We reserve the right to correct these mistakes and make changes to these information and materials without sending you notice. We, however, do not commit to update such materials or information when the same are out of date.

The use of AllCart.com, AllCart app and/or our services is done at your own volition and discretion. You hereby agree that we shall not be liable for any damage to you which is a result of using AllCart.com, AllCart app and/or our services.

We do not warrant any transaction you may enter or engage in through the use of AllCart.com, AllCart app and/or our services. Any transaction you enter into is done at your own risk. Any warranty from a third party provided through the use of the website, service or app is provided by such third party and not by AllCart.

In the same manner, we do not warrant advertisements offered by third parties which may be included in AllCart.com, AllCart app and/or our services. Any participation or correspondence with advertisers is solely between you and such third party and we assume no responsibility or obligation for such transaction, thus, you agree that we are free from any liability arising therefrom.

Limitation of Liability

Loss of data and loss of profit as a result of the use of AllCart.com, AllCart app and/or our services shall not create any liability to us. We shall not be held liable for any direct, incidental or consequential damages of any kind as a result of the use of AllCart.com, AllCart app and/or our services.

Indemnification

You and also any third party for whom you operate an account or activity on AllCart.com, AllCart app and/or our services agree to, at AllCart’s request, defend, indemnify and hold AllCart harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following including as a result of your direct activities on AllCart.com, AllCart app and/or our services or those conducted on your behalf, your Content or your access to or use of AllCart.com, AllCart app and/or our services, your breach or alleged breach of these Terms of Use, your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities or any misrepresentation made by you.

Governing Law and Jurisdiction

Any dispute or claim arising out of or in relation to these Terms of Use or the use of AllCart.com, AllCart app and/or our services shall be governed by the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule and any legal suit, action or proceeding shall be instituted exclusively in the courts of the State of New York.

Time Limitation on Claims

You agree that any claim you may have with AllCart must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Entire Agreement

These Terms of Use constitute the entire agreement between you and AllCart and governs your access and use of AllCart.com, AllCart app and/or our services, changing any prior agreements between you and AllCart and will not assign the Terms of Use or assign any rights or represent any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of AllCart. Otherwise, it is null and void. However, we may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or void or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Relationship

No provision on this Terms of Use shall be construed to constitute a principal-agent, employer-employee, or the same relationship between the parties. Nor do these Terms of Use bind either party beyond what is provided herein.

Territorial Restrictions

All information you share or post within AllCart.com, AllCart app and/or our services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject AllCart to any registration requirement within such jurisdiction or country. We have the right to limit the availability of the Service or any portion of the Service, to any person at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that AllCart provides.

Contact Information

Report any violation of these Terms of Use by contacting us at AllCartco@gmail.com.