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Terms of Use

Terms of Use

Terms of Use

  • Please read these Terms and Conditions ("Terms of Use") carefully before using the website and services offered by MagicCart Limited ("MCL") which is the sole owner, developer and operator of MagicCart e-Commerce Platform ("MagicCart").
  • MCL provides MagicCart services ("Service") in Software as a Service subscription model ('SaaS Model") as well as software licensing model with or without customization development ("License Model") to allow you creating and operating your online store ("e-Shop"). By signing up for the Service either on SaaS Model or License Model, you are agreeing to be bound by the following Terms of Use. Any new functions or features which are added to the existing Service shall be also subject to the Terms of Use. MCL reserves the right to update and change the Terms of Use by posting updates and changes to the MagicCart website. You are advised to check the Terms of Use for any updates that may impact you.
  • You must read, agree with and accept all of the terms and conditions contained in this Terms of Use agreement and MagicCart's Privacy Policy in order to use the Service.
  • 1. General
  • a. You must be 18 years or older and have the requisite power and authority to enter into these Terms of Use.
  • b. The person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Use and will be the person who is authorized to use any corresponding MagicCart Free Trial Account ("Free Account") or MagicCart Merchant Account ("Merchant Account") we may provide to the Account Owner for accessing and using of the Service. If you are signing up for the Service on behalf of your employer, your employer shall be the Account owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Use.
  • c. By providing your full name, address, phone number, email address, and any other information as required in our online application form, you can register for a Free Account in order to access and use the Service during a free trial period of 60 calendar days. MCL may reject your application for an free trial account, or cancel an existing free trial account, for any reason, in our sole discretion.
  • d. To access and use the Service after the free trial period, you must have a Merchant Account by signing up to one of the pricing plans under SaaS Model listed in MagicCart website, or by written confirmation on the quotation for purchase of the Service under License Model together with the Specific Terms and the Terms and Conditions in Appendix 1 of the quotation (collectively, the "Agreement") MCL sent to you, and settle required payment for the Service ("Fees") according to the payment term listed in the Agreement. Then, a Merchant Account will be created for you.
  • e. You acknowledge that MCL will use the email address you provide as the primary method for communication.
  • f. Technical support is only provided to Merchant Account.
  • g. You are responsible for keeping your Free Account or Merchant Account login name and password secure. MCL cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  • h. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded or generated under your Free Account or Merchant Account ("e-Shop Content").
  • i. You must not transmit any worms or viruses or any code of a destructive nature.
  • j. You understand that your e-Shop Content (not including credit card information as it is always encrypted during transfer over networks), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • k. MCL does not guarantee continuous, uninterrupted access to the Service, and operation of the Service may be interfered with by numerous factors outside MCL's control. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
  • l. The Terms of Use shall be governed by and interpreted in accordance with the laws of Hong Kong applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the HKSAR with respect to any dispute or claim arising out of or in connection with the Terms of Use. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use and is hereby expressly excluded.
  • m. You acknowledge and agree that MCL may amend these Terms of Use at any time by posting the relevant amended and restated Terms of Use on MagicCart's website, available at http://magiccart.hk/en/main/terms.html and such amendments to the Terms of Use are effective as of the date of posting. Your continued use of the Service after the amended Terms of Use are posted to MagicCart's website constitutes your agreement to, and acceptance of, the amended Terms of Use. If you do not agree to any changes to the Terms of Use, do not continue to use the Service.
  • n. You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Hong Kong.
  • o. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MCL.
  • p. You acknowledge and agree that your use of the Service, including information transmitted to or stored by MagicCart, is governed by its privacy policy, available at http://magiccart.hk/en/main/privacy.html.
  • q. MCL reserves the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that MCL's employees and contractors may also be Merchant to operate a e-Shop and that they may compete with you, although they may not use your confidential information in doing so.
  • r. MCL retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Free Account or Merchant Account to the rightful owner. If MCL cannot determine the rightful Account Owner, MCL reserves the right to temporarily disable an Free Account or Merchant Account until resolution has been determined between the disputing parties.
  • 2. Limitation of Liability
  • a. You expressly understand and agree that MCL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  • b. In no event shall MCL or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our Service or these Terms of Use (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, MCL's partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  • c. MCL does not warrant that the Service will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory. Moreover, MCL does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  • d. MCL does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  • 3. Waiver and Complete Agreement
  • a. The failure of MagicCart to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  • b. The Terms of Use constitutes the entire agreement between you and MCL and govern your use of the Service, superseding any prior agreements between you and MCL (including, but not limited to, any prior versions of the Terms of Use).
  • 4. Intellectual Property Rights
  • a. MCL retains the copyright and ownership on the source code of MagicCart. Moreover, MCL also retains the copyright and ownership on the source code of any creative, graphic, copywriting, animation and/or customized software(s) developed for the Agreement.
  • b. "MagicCart" and all graphics, logos, designs, page headers, button icons, scripts, and service names of MagicCart are registered trademarks, trademarks or trade dress of MCL in the HKSAR and/or other countries. MagicCart's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
  • c. MCL does not claim any intellectual property rights over the material you provide to the Service. All material you upload to the Service remains under your ownership of intellectual property rights.
  • d. By uploading e-Shop Content, you agree to allow other internet users to view your e-Shop Content. Furthermore, you agree to allow MagicCart to display and store your e-Shop Content and MagicCart can, at any time, review all the e-Shop Content submitted by you to its Service.
  • e. You are responsible for compliance of e-Shop Content with any applicable laws or regulations.
  • f. MCL will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that was in the public domain at the time we received it or after we received it through no fault of ours, or we received from someone other than you without breach of our or their confidentiality obligations, or we are required by law to disclose.
  • g. MCL may, but have no obligation to, remove e-Shop Content and Accounts containing content that MCL determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  • h. You grant MCL a license solely to allow MCL to use your e-Shop Content, so that MCL is not violating any rights you might have in that e-Shop Content. You grant MCL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the e-Shop Content, in any media now known or not currently known, with respect to your e-Shop Content. You agree to allow MCL to store or re-format your e-Shop Content on MagicCart website and display your e-Shop Content on MagicCart website in any way as MCL chooses. MCL may use Your e-Shop Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it and distributing it. You are not entitled to any compensation for such use. The manner, mode and extent of such use are subject to change without specific notice to you.
  • 5. Termination
  • a. MCL reserves the right to refuse, modify or terminate the Service for any reason, without notice, at any time, to anyone for any reason.
  • b. A breach or violation of any term in the Terms of Use as determined in the sole discretion of MCL will result in an immediate termination of your services.
  • c. Your Service will be immediately terminated in case of any verbal or written abuse of any kind (including threats of abuse or retribution) made by you against any Account Owner or MCL's employee.
  • d. Upon termination of the Service by either party for any reason, MCL will cease providing you with the Service and you will no longer be able to access your Account. Unless otherwise specified in the Terms of Use, you will not be entitled to any refunds of any fees, pro rata or otherwise. Any outstanding balance owed to MCL for your use of the Service through the effective date of such termination will immediately become due and payable in full; and your e-Shop will be taken offline.
  • e. If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice. Once that invoice has been paid in full, you will not be charged again.
  • f. For fraud under any event without limiting any other remedies, MCL may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service.
  • 6. Fees and Renewal on the Services
  • a. Account Owner of Merchant Account will pay the Fees applicable to your subscription to Service and any other applicable fees, including but not limited to fees relating to your purchase of any products or services such as SSL certificate, domain names or Third Party Services ("Additional Fees").
  • b. Fees on subscription under SaaS Model are paid in advance and will be billed per month or per annual according to the pricing plan chosen by you. Fees on purchase under License Model are paid according to the payment terms listed in the Agreement.
  • c. Fees for using the Service are subject to change upon 7 days notice from MCL. Such notice may be provided at any time by posting the changes to the MagicCart website or backend module of your MagicCart.
  • d. Your subscription on the Service under SaaS Model shall be renewed automatically at the end of the Agreement period unless either party gives written notice of its intention not to renew before expiration of the Agreement period.
  • 7. Modifications to the Service
  • a. MCL reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  • b. MCL shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  • 8. Third Party Tools
  • a. MagicCart may provide you with access to third party tools over which MCL neither monitors nor has any control.
  • b. You acknowledge and agree that MagicCart provides access to such tools 'as is' without any warranties, representations or conditions of any kind and without any endorsement. MCL shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  • c. Any use by you of optional tools offered through MagicCart is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  • If you have any question about this Terms of Use, please sent to support@magiccart.hk.
  • Last updated on: September 13, 2017
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