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Terms & Conditions

A legal disclaimer

Preamble

These Terms & Conditions ("Terms") govern the access to and use of the Wizcart e-commerce service marketplace (the "Platform"), operated by [Insert Wizcart Full Legal Name], a company incorporated under the laws of [Insert Jurisdiction of Incorporation], with its principal place of business at [Insert Address] (hereinafter referred to as "Wizcart," "Company," "We," "Us," or "Our").

These Terms apply to all individuals or entities who access, register for, or use the Platform, including (i) individuals or businesses seeking services ("Customers") and (ii) individuals or businesses offering services ("Service Providers") (collectively referred to as "Users," "You," or "Your").

Wizcart provides an online Platform that connects Customers seeking various professional and personal services with independent Service Providers who are qualified and willing to offer such services. Wizcart facilitates the discovery, booking, communication, and payment for these services.

1. Introduction & Acceptance of Terms

1.1. Effective Date: These Terms & Conditions are effective as of ("Effective Date"). These Terms supersede all prior versions. The Effective Date is critical for establishing the version of the Terms applicable to a User's activity or any dispute that may arise, particularly in the event of subsequent modifications to these Terms.

1.2. Binding Agreement: These Terms & Conditions, along with any other policies or guidelines referenced herein, including but not limited to Wizcart’s Privacy Policy, constitute a legally binding agreement between Wizcart and each User. By accessing, browsing, registering for, or using the Wizcart Platform in any manner, Users acknowledge that they have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations.

1.3. Agreement to Terms by Use/Registration: Continued access to or use of the Platform following the Effective Date, or the act of completing the registration process and clicking an "I Agree," "Accept," or similar button or checkbox, signifies a User's unequivocal acceptance of these Terms, including any subsequent modifications thereof.

1.4. Eligibility: The Platform is intended for use by individuals who are at least the age of majority in their jurisdiction of residence (typically 18 years of age or older) and who have the full legal capacity to enter into and be bound by contracts. If a User is accessing or using the Platform on behalf of a business or entity, the User represents and warrants that they have the authority to bind that business or entity to these Terms.

2. Description of Wizcart Service

2.1. Nature of the Platform (Service Marketplace): Wizcart is an online technology platform that functions as a service marketplace connecting Customers and independent Service Providers.

2.2. Wizcart as an Intermediary: Wizcart acts solely as a neutral intermediary or platform provider, facilitating connections and transactions between Customers and Service Providers, and is not a party to service agreements formed between them.

Legal Citations for Intermediary Status: USA: CDA §230; India: IT Act §79 and IT Rules 2021; Canada: common law principles limiting platform liability.

2.3. No Endorsement of Providers or Services: Wizcart does not endorse, recommend, guarantee, or make representations regarding Service Providers or their services. Any “verification” designations indicate process completion only and are not warranties.

2.4. Commission Structure: Wizcart earns a commission for facilitating transactions; rates are set forth in a Fee and Commission Schedule incorporated by reference and may be updated with notice.

2.5. Service Providers as Independent Contractors: Service Providers are independent contractors, not employees, agents, partners, or joint venturers of Wizcart, and are solely responsible for taxes, licenses, insurance, tools, and compliance with labor and other laws.

3. User Accounts

3.1. Account Creation and Eligibility: Registration is required to use certain features. Wizcart may refuse, suspend, or terminate Accounts subject to applicable law.

3.2. Account Responsibilities and Security: Users are responsible for all activity under their Accounts and must safeguard credentials and notify Wizcart of unauthorized access.

3.3. Accuracy of Information: Users must provide and maintain accurate information. Service Providers consent to verification (e.g., INFORM Consumers Act compliance) and required disclosures.

4. Obligations of Customers

4.1. Permitted Use of the Platform: Limited, non-exclusive, revocable license for personal use to seek services; no unlawful use.

4.2. Interaction with Service Providers: Communicate clearly, provide accurate information, and cooperate reasonably.

4.3. Payment Obligations: Pay service fees, Wizcart commission (included in total), and applicable taxes via the Platform’s processors.

4.4.–4.5. Information & Compliance: Provide truthful service details; comply with all applicable laws.

5. Obligations of Service Providers

5.1. Registration and Verification: Provide accurate information and consent to verification/background checks where lawful.

5.2. Service Listings and Accuracy: Listings must be lawful, accurate, and not misleading.

5.3. Performance of Services: Perform professionally, timely, and as described.

5.4. Independent Contractor Status: Maintain independence, tax and legal compliance, and business operations.

5.5. Legal and Regulatory Compliance: Obtain licenses, comply with labor, safety, environmental, and consumer protection laws.

5.6. Insurance: Maintain appropriate insurance and provide proof upon request.

5.7. Confidentiality of Customer Information: Protect Customer data and comply with privacy laws (e.g., PIPEDA, IT Rules 2021).

6. Booking and Financial Terms

6.1. Service Booking Process: Bookings are confirmed upon payment and Wizcart confirmation.

6.2. Payment Processing: All payments via third-party processors; Users authorize charges and agree to processor terms.

6.3. Fees and Commissions: Wizcart deducts commission before remitting to Providers; schedule may change with notice.

6.4. Cancellations, Refunds, and Rescheduling: Governed by policies incorporated by reference and applicable consumer laws.

6.5. Tax Responsibilities: Users are responsible for applicable taxes. Marketplace facilitator rules (US), GST/HST/PST (Canada), and India GST TCS may apply; Wizcart may collect/remit as required.

7. Intellectual Property Rights

7.1. Wizcart's IP: Platform IP is owned by Wizcart or licensors; limited license granted for Platform use.

7.2. User-Generated Content (UGC): Users retain ownership; license granted to Wizcart to use UGC for Platform purposes; UGC warranties and moderation apply.

7.3. Copyright Infringement: DMCA (US) and equivalent processes (Canada/India) observed; repeat infringer policy applies.

8. Prohibited Conduct

Users must not engage in unlawful, infringing, harmful, deceptive, or abusive conduct; must not circumvent fees, scrape, hack, or interfere with Platform operation; must not post prohibited content (including items listed under India IT Rules 2021).

• Illegal, fraudulent, or unauthorized use; IP infringement; malware; data harvesting; impersonation.
• Posting unlawful, defamatory, obscene, harmful-to-children content; promoting violence; or violating any law.
• Circumventing Wizcart's commission or fee structure; completing transactions off-platform to avoid fees.

9. Disclaimers and Limitation of Liability

9.1. “As Is” and “As Available”: Platform provided without warranties; no guarantee of uninterrupted, error-free operation.

9.2. Disclaimer of Warranties: To the fullest extent permitted, Wizcart disclaims all warranties including merchantability, fitness, non-infringement, and those arising by usage or trade.

9.3. Limitation of Liability: Wizcart shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; total aggregate liability capped at the greater of fees paid in the prior 3 months or $100 USD (or local equivalent), subject to mandatory consumer laws.

9.4. No Liability for Actions of Users: Wizcart is not responsible for actions, omissions, or services of Users; disputes must be resolved between Customers and Providers.

10. Indemnification

Users agree to indemnify and hold harmless Wizcart and affiliates from Claims arising from Platform use, breaches, violations of law, IP/privacy violations, UGC, and, specifically for Providers, claims related to provided services, business operations, and misrepresentations; and for Customers, misuse, damage, or disputes. Wizcart may assume defense; no settlements without consent.

11. Dispute Resolution and Governing Law

11.1. Informal Resolution: Users agree to attempt good-faith resolution with Wizcart Support before arbitration/litigation.

11.2. USA: Delaware law; binding AAA arbitration; small-claims option; class/representative action waiver (where lawful).

11.3. Canada: Ontario law; optional mediation; ADRIC arbitration; Quebec consumer carve-outs honored; small-claims option.

11.4. India: Indian law; Arbitration and Conciliation Act, 1996; seat in India; consumer commission rights preserved.

11.5. Conflicts of Law: Mandatory consumer protections in a User’s home jurisdiction may prevail where non-waivable.

12. Termination

12.1. By User: Account deletion available; obligations incurred prior to termination remain.

12.2. By Wizcart: Wizcart may suspend/terminate for violations, illegality, fraud, non-cooperation, inactivity, legal orders, or Platform changes.

12.3. Effect: Access ceases; survivals apply (IP, disclaimers, indemnity, dispute resolution, general); payments due remain; data retention per Privacy Policy.

13. Modifications to Terms

13.1. Right to Modify: Wizcart may update these Terms.

13.2. Notice: Material changes notified by posting/email/in-app; effective after a notice period unless urgent/legal.

13.3. Acceptance: Continued use constitutes acceptance; material updates may require click-accept.

14. Third-Party Links & Services

Links to third-party services are for convenience and do not imply endorsement. Wizcart is not responsible for third-party content, practices, or policies. Review their terms separately.

15. General Provisions

15.1. Severability: Invalid provisions are severed; remainder continues; parties will replace with valid terms approximating intent.

15.2. Entire Agreement: These Terms, Privacy Policy, Fee/Commission Schedule, and incorporated policies form the entire agreement.

15.3. Waiver: No waiver unless in writing; no continued waiver implied.

15.4. Assignment: Users may not assign without consent; Wizcart may assign freely.

15.5. Notices: By email, posting, or in-app; User notices via designated email or methods.

15.6. Force Majeure: No liability for failures due to events beyond reasonable control (except payment obligations).

15.7. Language: English controls; Quebec: French version available; India: efforts to provide key docs in major languages; English definitive.