Effective Date: 01/feb/2025

These Terms and Conditions ("Terms") govern your access and use of the 365Cart eCommerce platform, including its website and mobile application (collectively, the "App"). By accessing or using the App, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you should immediately cease using the App.

1. Acceptance of Terms

By accessing or using the App, you confirm that you have read, understood, and agree to these Terms and Conditions, along with our Privacy Policy and any other policies applicable to specific services provided within the App. 365Cart reserves the right to amend these Terms at any time. Any changes will be updated here, and the Effective Date will reflect the updated terms. Continued use of the App after modifications constitutes acceptance of the changes.

2. Eligibility

To use the services of the App, you must be at least 18 years old or of legal age in your jurisdiction to form a binding contract. If you are under 18, you may only use the App under the supervision of a parent or legal guardian. By using the App, you confirm that you meet the age requirement.

3. Account Registration

To access certain features or services within the App (such as purchasing products or services), you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your information to ensure it remains accurate.
• Protect your login credentials and take responsibility for all activities under your account.

365Cart reserves the right to suspend or terminate your account if any information provided is found to be false, inaccurate, or incomplete.

4. Services Provided

365Cart offers the following services through its platform:

• Grocery: Fresh produce, packaged goods, household items, and other grocery-related products.
• Food: Ready-to-eat meals, snacks, beverages, and food delivery services.
• eCommerce: A wide range of consumer goods including electronics, clothing, and accessories.
• Pharmacy: Prescription and over-the-counter medicines, health supplements, and personal care products.
• Parcel Delivery: A parcel collection and delivery service for users and businesses.

By using the App, you acknowledge and agree that 365Cart is merely a platform connecting buyers and sellers and is not directly involved in the manufacturing, selling, or distribution of the products, unless specifically stated.

5. Marketplace Transactions

For transactions conducted on the platform, 365Cart may charge service fees, commission fees, or any other fees, which will be disclosed before completing a purchase or sale. All transactions are processed through third-party payment gateways, and you agree to comply with their terms and conditions.

365Cart facilitates transactions between buyers and sellers through its platform. As a user, you agree to:

• Buyers: Pay the agreed price for products and services and provide accurate shipping and payment information.
• Sellers: Ensure that the products listed are of appropriate quality, quantity, and conform to applicable legal requirements, including health and safety regulations for grocery, food, pharmacy, and other products.

The terms and conditions of individual transactions (including but not limited to delivery charges, return policies, and warranties) are governed by the seller's specific terms, and 365Cart is not responsible for resolving disputes related to these.

6. In-App Purchases

Some features or services within the App may require payment. You agree to pay for such purchases according to the prices displayed within the App. All payments are processed through third-party payment gateways and are subject to the terms and conditions of the respective provider.

The price for products or services may include taxes such as Goods and Services Tax (GST), as applicable under Indian law. You are responsible for any fees, charges, taxes, or levies imposed by your bank or other third parties involved in the transaction.

7. Intellectual Property

All content on the App, including but not limited to text, graphics, images, logos, software, and design, is the property of 365Cart or its licensors and is protected by Indian copyright law and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal and non-commercial purposes.

You may not copy, modify, distribute, transmit, or otherwise exploit any content from the App without prior written consent from 365Cart.

8. User-Generated Content

If the App allows you to submit or post content (such as product reviews, comments, or questions), you grant 365Cart a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and distribute the content. You agree that any content you submit:

• Will not violate any intellectual property rights or any laws.
• Will not be defamatory, offensive, or otherwise inappropriate.
• May be publicly visible to other users of the platform.

365Cart reserves the right to remove or modify any content that violates these Terms.

9. Privacy Policy

Your use of the App is governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the App, you consent to the collection and use of your personal information as outlined in our Privacy Policy.

10. Third-Party Services

The App may contain links to third-party websites or services. These third-party services are not controlled by 365Cart, and we are not responsible for their content or services. You access such third-party services at your own risk, and any transactions made are between you and the third party.

11. Limitation of Liability

To the fullest extent permitted by applicable law, 365Cart will not be liable for any indirect, incidental, special, or consequential damages resulting from:

• The use or inability to use the App.
• Errors or omissions in the content.
• Products or services purchased through the App.
• Unauthorized access to or use of your personal information.

In no event shall 365Cart's liability exceed the amount you have paid for the product or service giving rise to the claim.

12. Termination of Account

We may suspend or terminate your account and access to the App at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms.
• Misuse of the platform.
• Breach of applicable laws or regulations.

Upon termination, your right to access or use the App will immediately cease.

13. Indemnification

You agree to indemnify and hold harmless 365Cart, its affiliates, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the App, your violation of these Terms, or your infringement of third-party rights.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts in [Uttar Pradesh, India].

In case of any disputes, you agree to first attempt to resolve the issue through informal negotiation with 365Cart. If the dispute cannot be resolved informally, it will be referred to arbitration under the Arbitration and Conciliation Act, 1996.

15. Force Majeure

365Cart will not be liable for any failure or delay in performance due to events beyond its reasonable control, including natural disasters, governmental actions, strikes, or other unforeseen circumstances.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

17. Modifications to Terms

365Cart reserves the right to modify these Terms at any time. Changes will be posted on this page, and the Effective Date will be updated accordingly. By continuing to use the App after changes are made, you agree to the revised Terms.