TERMS AND CONDITIONS
Terms of service
This document contains the general terms and conditions on the basis of which users are offered to use the Comcart srl website.
The customer is required to read carefully the general conditions made available here, in order to allow knowledge, storage and reproduction, in accordance with the law.
The website is an on-line information service provided by:
Head office in via Matteotti, 43 – 47122 Gatteo (FC)
PEC address: firstname.lastname@example.org
VAT and Fiscal Code 04412340400
Share Capital € 10.000 i.v.
R.E.A. n. FO-409620
By subscribing to ComCart services, you agree to be bound by the following terms and conditions ("Terms of Service"). The services offered by ComCart under the Terms of Service include various products and services to help you sell goods and services to buyers. All services offered by ComCart are referred to in these Terms of Service as “Services”. Any new features or tools added to the current services will be subject to the Terms of Service. You can review the updated version of the Terms of Service at any time. ComCart reserves the right to update and modify the Terms of Service by publishing updates and changes to the ComCart website. We recommend that you consult the Terms of Service from time to time to check for any updates or changes that may be of interest to you.
- Account terms
1.1 You must be at least 18 (eighteen) years of age or at least the age of majority in the country in which you reside or from which you use this service.
1.2 To access and use the Services, you must register with a ComCart account (“Account”) providing your full legal name, current address, telephone number, a valid email address and any other information specified as required. ComCart may refuse your request for an account or cancel an existing account, for any reason, at our sole discretion.
1.3 You acknowledge that ComCart will use the email address you provide as the primary method of communication.
1.4 You are responsible for keeping your password secure. ComCart cannot and will not be liable for any loss or damage arising from your inability to maintain the security of your Account and password.
1.5 You are responsible for all activities and content such as photos, images, videos, graphics, written content, audio files, codes, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or displayed on or in connection with your Account (“Materials”).
1.6 A violation or breach of any term in the Terms of Service, including the Usage Policy, as specified in ComCart’s sole discretion, will result in immediate termination of services.
You are responsible for your account and any material you upload to the ComCart service. Remember that with any violation of these terms we will cancel your service.
If we need to contact you, we will send you an email.
- Account activation
2.1 ComCart Account
2.1.1 The person who signs up for the Service will be the contracting party (“Account Holder”) for the purposes of our Terms of Service and will be the person authorized to use any corresponding account we may provide to the Account Holder in connection with the Service.
2.1.2 If you register for the Service on behalf of your employer, your employer will be the owner of the account; you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- General Terms and Conditions
3.1 The Terms of Service shall be governed by and construed in accordance with the laws of the Italian state. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Court of Forlì.
3.2 The user acknowledges and accepts that ComCart may modify these Terms of Service at any time by publishing the relevant modified and reformulated Terms of Service on the ComCart website; such modifications to the Terms of Service are effective from the date of publication. Your continued use of the Services after the modified Terms of Service have been published on ComCart’s website constitutes your acknowledgement and acceptance of the modified Terms of Service.
3.3 You acknowledge that you may not use the ComCart service for illegal or unauthorised purposes nor may you, in using the Service, violate any law of your country or of the Italian state (including, but not limited to, copyright laws). You must comply with all applicable laws, rules and regulations when using the Service.
3.4 You acknowledge that it is forbidden to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service without the express written authorization of ComCart.
3.5 You must not purchase search engines or other pay per click keywords (such as Google AdWords) or domain names using trademarks, ComCart and/or variations and spelling errors.
3.6 Questions about Terms of Service should be sent to email@example.com.
3.7 You acknowledge that your Materials (excluding credit card information), may be transferred in plain text and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of networks or connecting devices.
3.9 The Terms of Service may be available in languages other than Italian. In the event of any inconsistencies or conflicts between these Terms of Service in Italian and ComCart’s Terms of Service available in another language, the most updated Italian version of the Terms of Service will prevail.
The ComCart service belongs to us. You are not allowed to use it for illegal purposes.
In case of dispute, the Court of reference is the Court of Forli.
Your materials may be transferred unencrypted and may be modified, but your credit card information is always encrypted.
- Rights of ComCart
4.1 We reserve the right to modify or terminate the Service for any reason without notice at any time.
4.2 We reserve the right to refuse the Service to anyone for any reason at any time.
4.3 We may, but have no obligation to, remove Materials and suspend or terminate your Account if we determine, in our sole discretion, that goods or services offered through a store or Materials uploaded or posted in a store violate our Usage Policy or these Terms of Service.
4.4 Verbal or written abuse of any kind against any ComCart customer, ComCart employee or collaborator will result in immediate account closure.
4.5 ComCart does not pre-screening Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
4.6 We reserve the right to provide our services to competitors and not to make promises of exclusivity in a particular market segment. You acknowledge and agree that ComCart’s employees and professionals may also be ComCart’s customers and may compete with you, although they may not use your confidential information.
4.7 In the event of a dispute relating to ownership of the account, we reserve the right to request documentation to determine or confirm ownership of the account. Documentation may include, but is not limited to, a scanned copy of your business license, a photo ID, the last four digits of the credit card on file, etc.
4.8 ComCart reserves the right to determine, at our sole discretion, the legitimate ownership of the account and transfer an account to the legitimate owner. If we are unable to reasonably determine the legitimate owner of the Account, ComCart reserves the right to temporarily disable an Account until resolution has been determined between the parties.
We may modify, cancel or refuse the service at any time.
In the event of a dispute over ownership of a ComCart account, we may block the account or transfer it to the rightful owner.
- Limitation of liability
5.1 You are aware and expressly accept that ComCart shall not be liable for direct or indirect damages, such as, by way of explanation but not limited to, damages for loss of profits, goodwill, data or other intangible losses deriving from the use or inability to use the service.
5.2 In no event shall ComCart or our professionals be liable for any lost profits or direct or indirect damages arising out of, or in connection with, our site, our services or these Terms of Service (in any event arising from negligence). You also agree to indemnify (where applicable) ComCart’s subsidiaries, affiliates, partners, officers, directors, agents, employees and suppliers against any claims, including attorneys’ fees, made by third parties due to or arising out of your breach of these Terms of Service or the documents referred to (including the Usage Policy), or your violation of any law or the rights of third parties.
5.3 Use of the Service is at your sole risk. The Service is provided “as is” and “as available” without any warranty or condition, express, implied or statutory.
5.4 ComCart does not guarantee that the Service will be uninterrupted, timely, secure or error-free.
5.5 ComCart does not guarantee that the results that can be obtained from the use of the Service will be accurate or reliable.
5.6 ComCart does not warrant that the quality of any product, service, 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.
We are not responsible if you break the law, violate this agreement or go against the rights of third parties, especially if you are denounced.
The service is “as is” so it may contain errors or interruptions and we make no warranties.
- Waiver and full agreement
The waiver by ComCart to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The Terms of Service and the documents referred to constitute the entire agreement between you and ComCart and govern your use of the Service, superseding any prior agreements between you and ComCart (including, without limitation, any earlier versions of the Terms of Service).
If ComCart chooses not to enforce some of these provisions at any time, this does not mean that it waives this right at a later date.
These terms of service constitute the agreement that applies. This means that any previous agreements between you and ComCart do not apply if they conflict with these terms.
- Intellectual property and customer content
7.1 We do not claim any rights to your Materials. All materials you load remain yours. You can remove your ComCart Shop at any time by deleting your account.
7.2 By uploading the Materials, you accept: (a) to allow other Internet users to view the Materials you post in your store; (b) to allow ComCart to store and, in the case of Materials you post, view your Materials; and (c) that ComCart may, at any time, re-evaluate any Materials you upload, although ComCart is not obliged to do so.
7.3 You retain ownership of all Materials you upload to your ComCart store; however, by making your store public, you agree to allow others to view the Materials you post. You are responsible for compliance of the Materials with any applicable law or regulation.
7.4 We will not disclose your confidential information to third parties except when requested in the course of providing our services. Confidential information includes any Materials or information provided by you that is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) becomes public domain after receiving it through no fault of ours; (c) is received by anyone other than you without breach of our confidentiality obligations; (d) we are required by law to disclose it.
7.5 ComCart shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Everything you load remains yours and your responsibility.
- Cancellation and resolution
8.1 You can cancel your Account at any time by sending an e-mail to supporto@ComCart.com and following the specific instructions indicated in the ComCart reply.
8.2 In case of termination of the Services by either party for any reason:
a) ComCart will cease to provide the Services to you and you will no longer be able to access your Account;
b) unless otherwise specified in the Terms of Service, you will not be entitled to a refund of any commissions or anything else;
c) any balance due to ComCart for the use of the Services until the effective date of such termination shall become immediately due and payable in full;
d) your store website will be taken offline.
8.3 If you have purchased a domain name through ComCart, at the time of cancellation the domain name will no longer be automatically renewed. After cancellation, it will be your responsibility to handle all matters relating to the domain with the domain provider.
8.4 If on the date of termination of the Service, there are outstanding fees on your part, you will receive a final invoice by email.
8.5 We reserve the right to modify or suspend the ComCart Service or your Account for any reason without notice at any time.
8.6 Fraud: Without limitation, ComCart may suspend or terminate your Account if we suspect that you (whether as a result of conviction, warranty notice or otherwise) are engaged in fraudulent activity in connection with the Site.
To cancel the store, send an e-mail to supporto@ComCart.it. ComCart will reply with specific information about the cancellation procedure for your account.
Once the cancellation has been confirmed, the domains purchased through ComCart will no longer be automatically renewed.
We can change or cancel your account at any time. In case of fraud we will suspend or cancel your account.
- Third party services
9.1 In addition to these Terms of Service, you also agree to be bound by the specific terms of service of any applicable additional services purchased from, or provided by, ComCart’s partners or other third parties.
9.2 ComCart may, from time to time, recommend, provide access to or enable third party software, applications (“Apps”), products, services or links to websites (hereinafter “Third Party Services”). Such Third Party Services are made available for convenience only, and the purchase, access or use of such Third Party Services creates a relationship solely between you and the service provider (“Third Party Providers”). Any use by you of the Third Party Services offered through the Services or ComCart’s website is entirely at your own risk and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some cases, ComCart may receive a revenue sharing fee from third party suppliers recommended by ComCart.
9.3 We do not provide any warranties in relation to Third Party Services. You acknowledge that ComCart has no control over Third Party Services and will not be responsible or liable to any third party for such Services. The availability of Third Party Services on ComCart’s websites, including the ComCart App Store, or the integration or enablement of such Third Party Services with ComCart’s Services does not constitute or imply an approval, authorization, sponsorship or affiliation by or with ComCart. ComCart does not guarantee the availability of Third Party Services and the user acknowledges that ComCart may disable access to Third Party Services at any time at its sole discretion and without notice. ComCart is not liable or responsible to third parties for the interruption or suspension of access or deactivation of any third party services. ComCart strongly recommends that you seek specialist advice before using or relying on third party services to ensure that they meet your individual requirements.
9.4 If you install or enable a Third Party Service, you are granted permission to allow the Third Party Provider to access your data and take any other action necessary for the joint operation of the Third Party Service with the Services Any exchange of data or other interaction between you and the Third Party Provider is exclusively between you and such Third Party Provider. ComCart is not responsible for any disclosure, modification or deletion of data or other Materials, or for any corresponding loss or damage, as a result of access by a Third Party Service or Third Party Provider to your data or other Materials.
9.5 Google Maps is a third party service that is used within the Services. Use of the Service is subject to acceptance of the Acceptable Use Policy by Google Maps and Earth Enterprise, which may be modified by Google from time to time.
9.6 In no case may ComCart be held liable for any direct, indirect or other damage, deriving from third party Services or from the contractual relationship with any third party Supplier, including any Professional. These limitations apply even if ComCart has been informed of the possibility of such damages. The above limitations apply to the maximum extent permitted by applicable law.
We are not responsible for the services of third parties, so use them at your own risk. If you use third party services on the ComCart platform, you authorize us to send your data to these services. If you use them, you accept that we do not provide a guarantee, so ask for advice in advance.
- DMCA warning and removal procedure
ComCart supports the protection of intellectual property and asks ComCart dealers to do the same. It is our practice to respond to all notifications of alleged copyright infringement. If anyone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA notice to ComCart’s designated agent using our form. After receiving a DMCA notice, we may remove or disable access to Materials claimed to be copyright infringing. Once a removal notice is provided, the merchant may respond with a counter-notification using our form if they object to the claim. The original complainant has 14 business days after we receive a counter-notification to seek a court order preventing the merchant from engaging in the infringing activity, otherwise we will restore the Materials. For more information, see our DMCA notice and the removal procedure.
ComCart respects intellectual property rights and so should you. If we receive a DMCA notification, we may disable access or remove the allegedly infringing content from your website. If you do not believe the complaint is valid, you may proceed with a counter-notification.
If you believe that one of our merchants is infringing your intellectual property rights, you may send ComCart a DMCA notice. We will quickly deactivate access or remove the content and notify the merchant. Please note that we publish all communications we receive.
- Privacy and data protection
ComCart Use Policy
ComCart is a trading platform that provides the tools and technology for traders to create an online store and sell products and services on their website. We believe that the free and open exchange of ideas and products is a key principle of commerce, but there are some activities that are incompatible with ComCart’s mission to make commerce better for everyone. This Use Policy describes prohibited activities in relation to the use of the Services.
The following activities are prohibited:
Exploitation of minors: you may not offer goods or services, or publish or upload materials that exploit or abuse minors, including, without limitation, images or depictions of child abuse or sexual abuse.
Harassment, bullying, defamation and threats: You may not offer goods or services or post or upload materials that harass, defame or threaten a specific person.
Hateful content: You may not offer goods or services, or post or upload materials that condone or promote violence against persons based on race, ethnicity, color, national origin, religion, age, sex, sexual orientation, disability, medical condition.
Illegal Activities: You may not offer goods or services, or publish or upload materials that contravene or facilitate or promote activities that contravene the laws of the jurisdictions in which you operate or do business.
Intellectual Property: You may not offer goods or services, or publish or upload materials that infringe the copyright or trademark of others.
Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute materials that damage or disrupt the operation of the services or other infrastructure of ComCart or others, including ComCart’s third party suppliers. You may not use the Services for misleading business practices or other illegal activities.
Personal and confidential information: you may not publish or upload materials containing personally identifiable information, sensitive personal information or confidential information, such as credit card numbers, personal document numbers or account passwords, unless you have the consent of the person to whom the information belongs.
Restricted Items: You may not offer goods or services that are or appear to be legally prohibited.
Self-harm: You may not offer goods or services or publish or upload materials that promote self-harm.
Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
Terrorist Organizations: You may not offer goods or services, or publish or upload materials that imply or promote support or funding or membership of a terrorist organization.
We may, at any time and without notice, remove any Materials, suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this Policy, including activities outside of your use of the Services.
ComCart has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services, at any time to verify compliance with this Policy and ComCart’s Terms of Service, or any other agreement between you and ComCart governing your use of the Services (collectively, the “Terms”). Our decision to verify whether a violation of this Usage Policy has occurred will be final and binding, and any action taken in connection with the application of this Usage Policy, including the absence of action, will be at our sole discretion.
ComCart may modify this Policy, including the list of Restricted Items, at any time by posting a revised version on its website. By continuing to use the Services or access your Account after a revised version of the Usage Policy has been published, you agree to comply with the latest version of the Usage Policy. In the event of a conflict between the Usage Policy and the Terms, this Usage Policy will take precedence, but only to the extent necessary to resolve such conflict. Capitalized terms used but not defined in this Terms will have the meanings set forth in the Terms.