Effective Date:

 

Preamble: Our Commitment

 

Wizcart ("Wizcart," "we," "us," or "our") is committed to fostering a fair, transparent, and reliable marketplace for both Customers seeking services and Service Providers offering their expertise. This Cancellation Policy ("Policy") is designed to protect the interests of all users of the Wizcart platform ("Platform"), ensure smooth operations, and clearly outline the procedures and expectations regarding the cancellation of services. We believe that clear communication and mutual respect are foundational to a positive marketplace experience.

1. Introduction and Scope of Policy

• 1.1. Purpose of the Cancellation Policy This Policy details the terms and conditions governing the cancellation of services booked or agreed upon through the Wizcart Platform. It aims to provide a clear and predictable framework for Customers and Service Providers when circumstances necessitate the cancellation of a scheduled service. The objective is to minimize disruptions, manage expectations effectively, and provide a consistent approach to handling cancellations. This Policy works in conjunction with Wizcart's Terms of Service and Refund Policy.  

• 1.2. To Whom This Policy Applies This Policy applies to all registered "Customers" (individuals or entities seeking or booking services) and "Service Providers" (individuals or entities offering or delivering services) utilizing the Wizcart Platform in the United States of America (USA), Canada, and India.

• 1.3. Acceptance of Policy By registering an account, booking a service, or accepting a service request through the Wizcart Platform, Customers and Service Providers acknowledge that they have read, understood, and agree to be bound by the terms of this Cancellation Policy, as well as Wizcart's prevailing Terms of Service and Refund Policy. Engaging with the Platform's core functionalities, such as booking or accepting service engagements, signifies this agreement. This creates a contractual basis for the enforcement of this Policy, ensuring that all users operate under a common set of rules without the need for separate explicit consent for every policy, thereby streamlining the user experience while maintaining legal enforceability.  

2. Definitions

• 2.1. What Constitutes a "Cancellation" For the purposes of this Policy, the following definitions apply:

  • 2.1.1. Customer-Initiated Cancellation: A formal request made by a Customer through the designated channels on the Wizcart Platform to terminate a confirmed service booking prior to the scheduled service commencement or, for ongoing services, before the completion of the current service period or project milestone as applicable. This also includes instances defined as a "No-Show," where a Customer is unavailable or unresponsive at the agreed-upon time and location for the service, preventing the Service Provider from rendering the service.  

  • 2.1.2. Service Provider-Initiated Cancellation: A formal notification submitted by a Service Provider through the designated channels on the Wizcart Platform indicating their inability or unwillingness to fulfill a previously confirmed service booking.

  • 2.1.3. Mutual Cancellation: An agreement reached between a Customer and a Service Provider, facilitated and recorded through the Wizcart Platform, to cancel a confirmed service booking. This often occurs when both parties agree that proceeding with the service is no longer feasible or desired.  

• 2.2. Types of Services Wizcart facilitates various types of services, and the cancellation terms may differ accordingly. The impact of a cancellation can vary significantly based on the nature, duration, and commitment involved in a service. Therefore, categorizing services allows for more equitable and practical cancellation rules, rather than a "one-size-fits-all" approach which would be unsuitable for a diverse marketplace.  

  • 2.2.1. Short-Term/Appointment-Based Services: These are services typically scheduled for a specific, relatively brief duration, often time-sensitive, and completed in a single session or a few closely scheduled sessions. Examples include, but are not limited to, a one-hour consultation, a single repair job (e.g., plumbing, appliance repair), a one-off home cleaning session, or a personal training appointment.  

  • 2.2.2. Long-Term/Subscription-Based Services: These services are provided on an ongoing, recurring basis, often involving periodic billing (e.g., monthly, quarterly). Examples include monthly coaching packages, ongoing digital marketing services, subscription access to a series of educational workshops, or regular maintenance contracts.  

  • 2.2.3. Project-Based Services: These services are characterized by a defined scope of work, specific deliverables, and often a longer, non-recurring timeline that may be structured around milestones. Examples include website development, custom graphic design projects, content creation packages, or event planning services. The cancellation of such services may have more complex implications due to resources already committed or work already performed.  

3. Customer Cancellation Policy

This section outlines the terms applicable when a Customer initiates a cancellation. Wizcart encourages Customers to honor their commitments but understands that plans may need to change.

• 3.1. Permissible Cancellation Timelines by Service Type The ability to cancel a service and the potential for incurring fees depend on the type of service and the amount of notice provided by the Customer. Timely cancellations allow Service Providers to manage their schedules and potentially fill the vacated slot.

  • 3.1.1. Short-Term/Appointment-Based Services:

    • More than 48 hours before scheduled start time: Customers may cancel without a cancellation fee, and a full refund of any pre-paid service fees will be processed.

    • Between 24 and 48 hours before scheduled start time: A cancellation fee, as specified in Section 3.3 and Table 1, may apply. A partial refund may be issued.

    • Less than 24 hours before scheduled start time / No-Show: The Customer may be liable for the full service fee or a significant cancellation fee, as specified in Section 3.3 and Table 1. No refund or a minimal refund may be applicable.  

  • 3.1.2. Long-Term/Subscription-Based Services:

    • Initial Term: If a Customer cancels during an initial fixed term (e.g., a 3-month minimum subscription), specific early termination fees or conditions outlined at the time of booking may apply.

    • Ongoing/Month-to-Month: For services billed periodically (e.g., monthly), Customers must typically provide notice at least [e.g., 15-30 days, specify exact number] days before the next billing date for the cancellation to be effective at the end of the current billing cycle. Failure to provide timely notice may result in charges for the subsequent billing period. No pro-rata refunds are generally provided for the current billing cycle once it has commenced, unless otherwise specified or legally required.  

  • 3.1.3. Project-Based Services:

    • Before Project Commencement (as defined in the service agreement or by the start of active work by the Provider): Customers may cancel with a full refund of any advance payment, less any explicitly stated non-refundable deposit or administrative fee that was clearly communicated at the time of booking.

    • After Project Commencement: Cancellation may be subject to fees based on the extent of work already completed, resources committed by the Service Provider, or a pre-agreed cancellation schedule outlined in the service agreement specific to that project. This may involve pro-rata charges for completed milestones or hours worked. Any non-refundable deposits or milestone payments already made for completed work are typically non-refundable.  

• 3.2. How to Request a Cancellation (Process for Customers) To ensure proper processing and record-keeping, all Customer-initiated cancellations must be made through the official Wizcart Platform channels. This typically includes:

  • Using the cancellation feature within the Customer's dashboard on the Wizcart website or mobile application.

  • Following any specific cancellation links or instructions provided in booking confirmation emails sent via the Wizcart Platform. Mandating platform-mediated cancellations is essential for maintaining accurate records, facilitating any necessary dispute resolution, and ensuring the consistent application of fee and refund policies. This approach prevents misunderstandings that can arise from informal communication channels and allows Wizcart to have a verifiable history of the cancellation request, including timestamps and related communications. Customers should not attempt to cancel services by directly messaging Service Providers outside of the designated Wizcart cancellation process, as such attempts may not be recognized for the purpose of fee assessment or refund eligibility. Upon successful submission of a cancellation request through the Platform, the Customer will receive an automated confirmation (e.g., via email and/or in-app notification) acknowledging the cancellation and detailing any applicable fees or refund amounts.  

• 3.3. Cancellation Fees and Penalties for Late Cancellations by Customers Wizcart may apply cancellation fees to compensate Service Providers for the time they reserved and the potential loss of income resulting from late cancellations or No-Shows. These fees also cover administrative costs associated with managing cancellations. The specific fees are outlined in Table 1 below and are determined by the type of service and the timing of the cancellation.  

  • Fees may be a percentage of the total service cost, a flat fee, or the forfeiture of any deposit paid, as applicable.

  • "No-Shows" (where the Customer fails to appear for a scheduled service without prior cancellation) are typically treated as last-minute cancellations and may incur the highest applicable cancellation fee, potentially up to the full service cost.  

  • Any applicable cancellation fees will be charged to the Customer's payment method on file with Wizcart.

• 3.4. Refunds for Customer Cancellations Eligibility for refunds in the event of a Customer-initiated cancellation is directly linked to the cancellation timelines (Section 3.1) and applicable fees (Section 3.3), as summarized in Table 1.

  • If a Customer cancels within a timeframe that permits a full refund, the full amount pre-paid for the service (less any explicitly stated non-refundable booking fees, if applicable and disclosed at the time of booking) will be returned.

  • If a cancellation fee applies, the Customer will be refunded the amount pre-paid for the service, less the applicable cancellation fee.

  • In cases of very late cancellations or No-Shows, no refund may be due.

  • For comprehensive details on refund processing times, methods, and specific conditions, Customers are directed to consult Wizcart's. This modular approach allows the Cancellation Policy to focus on the "why" and "when" of cancellations, while the Refund Policy addresses the "how" of monetary returns, including payment gateway interactions and processing durations.  

  • Refunds, when applicable, are typically processed back to the Customer's original method of payment, subject to the terms of the payment processor and applicable laws. Processing times may vary.  

Table 1: Customer Cancellation Timelines, Fees, and Refund Eligibility by Service Type

Service Type

Notice Period Given by Customer

Applicable Cancellation Fee

Refund Eligibility

Short-Term/ Appointment-Based

More than 48 hours before scheduled service

No Fee

Full refund of pre-paid service fee.

24 to 48 hours before scheduled service

[e.g., 25% of service fee or specific flat fee $X]

Partial refund (Pre-paid amount less cancellation fee).

Less than 24 hours before scheduled service

[e.g., 50% - 100% of service fee or specific flat fee $Y]

No refund or partial refund (Pre-paid amount less cancellation fee).

No-Show (Customer unavailable/unresponsive)

[e.g., 100% of service fee or specific flat fee $Z]

No refund.

Note: Specific fee amounts/percentages (e.g., $X, Y%, $Z) will be clearly displayed at the time of Cancelation & for each service. This table provides a general framework.

This table offers an at-a-glance summary, enhancing clarity and transparency for Customers. By clearly outlining the consequences of cancellations at different junctures for various service types, it helps manage expectations and reduce potential disputes.  

4. Service Provider Cancellation Policy

Wizcart expects Service Providers to honor all confirmed bookings. Cancellations by Service Providers can significantly inconvenience Customers and undermine trust in the Platform. However, Wizcart recognizes that exceptional circumstances may sometimes prevent a Service Provider from fulfilling a commitment.

• 4.1. Permissible Grounds for Service Provider Cancellations Service Providers may only cancel confirmed bookings under limited and legitimate circumstances, which may include:

  • Verified Personal Emergency: A sudden, serious, and unavoidable personal situation (e.g., severe illness, accident, bereavement) directly impacting the Provider's ability to deliver the service. Documentation may be requested by Wizcart.

  • Unforeseen Circumstances Directly Impacting Service Delivery: Events beyond the Provider's reasonable control that make service delivery impossible or unsafe (distinct from Force Majeure, which is broader, but could include localized issues like sudden equipment failure essential for the service, if not due to negligence).

  • Safety Concerns: If the Service Provider has a reasonable and verifiable belief that proceeding with the service would pose a genuine threat to their safety or well-being, or that the service location is unsafe. Such concerns must be reported to Wizcart immediately.

  • Customer Violation of Wizcart Terms of Service: If the Customer has demonstrably violated Wizcart's Terms of Service in a manner that makes service delivery untenable (e.g., abusive behavior, misrepresentation of service requirements that fundamentally alters the scope). This must be documented and reported to Wizcart. Frequent or unjustified cancellations are not permissible and will be subject to review and potential consequences as outlined in Section 4.3. Maintaining reliability is crucial for the marketplace's health; while flexibility for genuine issues is necessary, the platform must protect Customers from undependable providers.  

• 4.2. Process for Service Providers to Communicate a Cancellation To ensure proper notification and management, all Service Provider-initiated cancellations must be processed through the official Wizcart Platform:

  • Service Providers must use the cancellation feature within their dashboard on the Wizcart website or mobile application.

  • Cancellations must be communicated to the Customer and Wizcart as soon as the need to cancel becomes apparent, and well in advance of the scheduled service time whenever possible.

  • Service Providers are required to provide a clear and truthful reason for the cancellation when submitting the request through the Platform. Wizcart reserves the right to review these reasons and request further information or documentation. Informal cancellations (e.g., direct messages to Customers not logged via the platform tool) will not be considered official and may lead to the Provider being held accountable as if the cancellation did not occur through proper channels.  

• 4.3. Consequences for Service Providers Wizcart takes Service Provider cancellations seriously due to their impact on Customers and the Platform's reputation. Repeated, late, or inadequately justified cancellations by a Service Provider may result in one or more of the following consequences :  

  • Impact on Platform Metrics: Cancellations may negatively affect the Service Provider's performance metrics, such as their completion rate, reliability score, or search ranking visibility on the Wizcart Platform.  

  • Formal Warnings: Wizcart may issue formal warnings to Service Providers exhibiting patterns of problematic cancellations.

  • Account Review: Frequent cancellations will trigger an account review by Wizcart's support or compliance team.

  • Temporary Suspension: Wizcart may temporarily suspend a Service Provider's account and ability to accept new bookings if cancellation rates are excessively high or if cancellations are deemed unjustified.

  • Permanent Deactivation: In cases of persistent or egregious violations of this Policy, Wizcart reserves the right to permanently deactivate the Service Provider's account and remove them from the Platform.  

  • Financial Responsibility: In certain circumstances, particularly for last-minute & Mid Order cancellations causing significant disruption or cost (e.g., if Wizcart incurs expenses to arrange an urgent replacement for the Customer), Wizcart may, at its discretion and subject to applicable laws, hold the canceling Service Provider liable for such costs or a portion thereof. These measures are in place to incentivize Service Providers to manage their availability effectively, honor their commitments, and maintain a high standard of reliability, which is essential for a trustworthy marketplace environment.  

• 4.4. Customer Notification and Support in Case of Service Provider Cancellation Wizcart is committed to supporting Customers when a Service Provider cancels a confirmed booking.

  • 4.4.1. How Customers are Notified: Upon a Service Provider initiating a cancellation through the Platform, the affected Customer will be notified immediately via their registered email address and/or through in-app notifications. This notification will confirm the cancellation and outline the next steps.

  • 4.4.2. Wizcart's Assistance and Remedies:

    • Automatic Full Refund: The Customer will automatically receive a full refund of any pre-paid fees for the cancelled service. This refund will be processed promptly according to Wizcart's Refund Policy.

    • Assistance in Finding an Alternative Provider: Wizcart's customer support team will, upon request or proactively where feasible, make reasonable efforts to assist the Customer in finding a suitable alternative Service Provider for the required service. This may involve searching the Platform for available providers or suggesting similar services. The aim is to minimize inconvenience to the customer.  

    • Platform Credits or Discounts: At Wizcart's sole discretion, and as a gesture of goodwill, a platform credit or discount towards a future service booking may be offered to the Customer, particularly if the cancellation was last-minute or caused significant disruption.

    • Clear Communication: Wizcart will provide clear communication regarding the status of their refund and any assistance being offered. A proactive and supportive response to provider-initiated cancellations is crucial for mitigating Customer frustration and preserving their trust in the Wizcart platform.  

5. Wizcart's Role in Cancellations

• 5.1. Mediation of Cancellation-Related Disputes Wizcart aims to provide a platform where cancellations are handled smoothly according to this Policy. However, disputes may occasionally arise between Customers and Service Providers regarding the application of cancellation terms, fees, or refund eligibility.

  • If a Customer and Service Provider are unable to resolve a cancellation-related dispute directly, either party may escalate the issue to Wizcart's dispute resolution team by contacting Wizcart Support through the designated channels on the Platform.

  • Wizcart will review the details of the dispute, including communication records on the Platform, service agreements, and the adherence of both parties to this Cancellation Policy and Wizcart's Terms of Service.

  • Wizcart will act as a neutral mediator where appropriate and will make a determination based on the available information and its policies.  

  • Subject to applicable laws and the terms of this Policy, Wizcart's decision in such disputes will be considered final and binding on both the Customer and the Service Provider. A clear and accessible dispute resolution mechanism is vital for maintaining fairness and order within the marketplace, providing users with a pathway to resolve conflicts when direct communication fails.  

• 5.2. Handling of Wizcart's Commission/Service Fees in Event of Cancellation Wizcart's commission or service fee is charged for successfully facilitated transactions. The handling of this fee in the event of a cancellation is as follows:

  • Customer-Initiated Cancellation:

    • Full Refund Due to Customer: If a Customer cancels in accordance with this Policy and is eligible for a full refund of the service fee, Wizcart's commission will typically be waived or refunded. No commission is earned if the service is not rendered and fully refunded.

    • Customer Pays a Cancellation Fee: If a Customer incurs a cancellation fee (which may be a portion or all of the service fee), Wizcart's standard commission may be calculated on the amount of the cancellation fee collected by the Service Provider, or as otherwise specified in Wizcart's terms with Service Providers. The specific treatment will ensure transparency for Service Providers regarding their earnings.

  • Service Provider-Initiated Cancellation:

    • If a Service Provider cancels a booking, the service is not rendered, and the Customer receives a full refund. In such cases, Wizcart generally does not earn or charge its commission on that transaction. The precise calculation and application of commission in cancellation scenarios will be detailed in the agreements with Service Providers. Transparency regarding how platform fees are affected by cancellations is important for both Customers (who see the final price) and Service Providers (who see their net earnings). Marketplaces often have specific rules; for instance, some may retain a small administrative fee even on refunds to cover processing costs. Wizcart aims for a fair approach that reflects whether value was delivered.  

6. Force Majeure

• 6.1. Definition and Applicability A "Force Majeure Event" refers to unforeseeable circumstances or events that are beyond the reasonable control of the affected party (Customer, Service Provider, or Wizcart) and which directly prevent that party from fulfilling its contractual obligations under a service booking made through the Wizcart Platform. Non-exhaustive examples of Force Majeure Events include :  

  • Acts of God (e.g., earthquakes, floods, hurricanes, widespread fires not caused by the party).

  • War, hostilities, invasion, acts of foreign enemies.

  • Terrorism, riot, civil commotion, or declared states of emergency.

  • Government-imposed restrictions, laws, or regulations directly prohibiting or making impossible the performance of the service (e.g., pandemic-related lockdowns, travel bans affecting service delivery).

  • Widespread and prolonged failures of essential public utilities such as power or internet services, not attributable to the party's own infrastructure or planning. Force Majeure typically does not include:

  • Economic hardship or changes in market conditions.

  • A party's financial inability to perform.

  • Foreseeable or seasonal weather conditions that do not rise to the level of an Act of God.

  • Labor disputes or strikes specific to one party, unless part of a broader, officially recognized regional or national strike affecting general service provision.

• 6.2. Procedure in Case of Force Majeure Events

  • Notification: The party affected by a Force Majeure Event must notify the other party (Customer or Service Provider) and Wizcart through the Platform as soon as reasonably practicable, providing details of the event and its anticipated impact on service delivery.

  • Suspension of Obligations: The obligations of the affected party under the service booking will be suspended for the duration of the Force Majeure Event, to the extent that performance is prevented by such event.

  • Mitigation: The affected party must use reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance of its obligations as soon as the event ceases or its impact is sufficiently diminished.

  • Cancellation due to Prolonged Force Majeure: If a Force Majeure Event continues for an extended period (e.g., more than [specify number, e.g., 7-14] consecutive days) and makes service delivery indefinitely impossible or impractical, either the Customer or the Service Provider may have the right to cancel the specific service booking without incurring penalties under this Cancellation Policy. In such cases, any pre-paid fees for services not yet rendered due to the Force Majeure Event will be refunded to the Customer in accordance with Wizcart's Refund Policy.

  • Wizcart's Liability: Wizcart shall not be liable to Customers or Service Providers for any failure or delay in the performance of its platform services or for any disruptions to booked services that are caused directly by a Force Majeure Event. This clause is standard in service agreements and provides a fair mechanism for addressing extraordinary, uncontrollable events without unfairly penalizing parties.  

7. Legal Compliance and Governing Law

• 7.1. General Commitment to Legal Standards Wizcart is committed to operating its Platform and enforcing this Cancellation Policy in compliance with all applicable consumer protection laws and regulations in the jurisdictions where it offers services, namely the United States of America, Canada, and India. This Policy is intended to align with, and not contravene, such legal requirements. In the event of any direct conflict between a provision of this Policy and a mandatory provision of applicable local law that cannot be waived, the provision of local law will prevail to the extent of such conflict.

• 7.2. United States of America Wizcart adheres to federal and state consumer protection laws in the USA.

  • 7.2.1. Federal Trade Commission (FTC) Regulations:

    • Rule Concerning Recurring Subscriptions and Other Negative Option Programs (often referred to as the "Click-to-Cancel" Rule, 16 C.F.R. Part 425): For any services offered on Wizcart that involve automatic renewal, subscription, or continuity plans (negative option features), Wizcart ensures compliance by:

      • Providing clear and conspicuous disclosures of all material terms (including pricing, renewal frequency, cancellation deadlines, and cancellation method) before obtaining the Customer's billing information.  

      • Obtaining the Customer's unambiguous affirmative consent specifically to the negative option feature, separate from other aspects of the transaction.  

      • Providing a simple cancellation mechanism that is at least as easy for the Customer to use as the mechanism they used to sign up. If a Customer signs up online, they must be able to cancel online without unreasonable difficulty (e.g., without being required to call if they signed up online).  

      • Specific Citation: This Policy adheres to the FTC’s Rule Concerning Recurring Subscriptions and Other Negative Option Programs, 16 C.F.R. Part 425, particularly § 425.3 (Misrepresentations), § 425.4 (Disclosures), § 425.5 (Consent), and § 425.6 (Simple Cancellation).

    • Federal Trade Commission Act (Section 5 - Unfair or Deceptive Acts or Practices): Wizcart is committed to ensuring that its cancellation and refund policies and practices are fair, transparent, and not deceptive, in accordance with Section 5 of the FTC Act.  

    • Cooling-Off Rule (16 C.F.R. Part 429): The FTC's Cooling-Off Rule generally grants consumers a three-day right to cancel certain sales of $25 or more made at their home, workplace, dormitory, or at a seller's temporary location (like a hotel room or convention center). This rule typically does not apply to sales made entirely online, by mail, or by telephone, which constitute the vast majority of transactions on the Wizcart Platform. Wizcart will comply with the Cooling-Off Rule if any services are ever offered and sold through a method that falls within its scope.  

  • 7.2.2. State-Specific Consumer Protection Laws: Wizcart endeavors to comply with applicable state laws concerning service contracts, cancellations, and refunds. Notable examples include:

    • California:

      • California Civil Code §1794.4 (Service Contracts): For service contracts offered on a periodic basis (e.g., month-to-month) to California consumers, Wizcart will:

        • Clearly and conspicuously disclose that the contract continues until canceled by the buyer or service contractor.

        • Obtain the buyer's affirmative consent to the auto-renewal provision.

        • Provide, at a minimum, a toll-free number, email address, postal address, and (if one exists) an internet website for the buyer to cancel. Cancellation must be effective immediately upon receipt of the request and not require more than one of these methods.

        • If the contract was entered into online, allow the buyer the option to cancel exclusively online, without unnecessary steps that obstruct or delay cancellation.  

        • Process refunds for unearned amounts in accordance with §1794.41.

        • Specific Citation: This Policy adheres to Cal. Civ. Code §1794.4(c)(3)(A) regarding the cancellation of periodic service contracts.

      • Wizcart also adheres to California's Unfair Competition Law (Bus. & Prof. Code §17200 et seq.) and Consumers Legal Remedies Act (Civ. Code §1750 et seq.) by ensuring fair and transparent cancellation practices.

    • New York:

      • N.Y. General Business Law §399-pp (Automatic Renewal Provisions): For services with automatic renewal offered to New York consumers, Wizcart will provide clear and conspicuous disclosure of the automatic renewal terms and provide information on how to cancel.

      • N.Y. General Business Law §624 (Rights of Cancellation of Contracts for Services): While this section primarily details cancellation rights for health club memberships and similar services, its principles of providing consumers with clear rights to cancel (e.g., a 3-business-day period for certain contracts post-receipt of written contract) and timely refunds (e.g., within 10-15 business days of cancellation notice) inform Wizcart's commitment to fair cancellation practices for New York consumers. Where specific services offered on Wizcart fall directly under such statutes, those statutory cancellation rights will be honored.  

      • Specific Citation: This policy considers the consumer protection principles embedded in N.Y. Gen. Bus. Law Art. 30, including §624, ensuring clear communication of cancellation terms and processes for New York users.

    • Texas:

      • Texas Business & Commerce Code Chapter 601 (Cancellation of Certain Consumer Transactions): This chapter provides a three-business-day right to cancel for consumer transactions not made at the merchant's place of business (e.g., door-to-door sales) if the transaction value exceeds $25. As most Wizcart transactions are initiated and concluded online, this specific "cooling-off" period is generally not applicable. However, Wizcart will comply if any service offerings are structured in a way that falls under this provision.  

      • Texas Occupations Code §1304.1581 (Service Contracts): This section allows for the cancellation of service contracts (often called extended warranties) under certain conditions, including specific refund calculations. Wizcart will ensure that any service contracts offered through the platform to Texas consumers comply with these cancellation and refund provisions.  

      • Specific Citation: This Policy considers the consumer's right to cancel as outlined in Tex. Bus. & Com. Code §601.051 for any applicable transactions and the provisions for service contract cancellations under Tex. Occ. Code §1304.1581 for Texas consumers.

• 7.3. Canada Wizcart complies with federal and provincial consumer protection legislation in Canada.

  • 7.3.1. Federal Laws:

    • Competition Act (R.S.C., 1985, c. C-34): Wizcart ensures that its Cancellation Policy, and all representations related to cancellations, fees, and refunds, are not false or misleading, and do not constitute anti-competitive practices. This includes providing truthful and accurate information regarding cancellation terms to consumers.  

  • 7.3.2. Provincial Consumer Protection Acts: Wizcart adheres to specific provincial requirements:

    • Ontario:

      • Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A (CPA):

        • For "internet agreements" and "future performance agreements," Wizcart provides clear disclosure of terms, including cancellation and refund policies, and honors any applicable "cooling-off" periods (e.g., a 10-day cooling-off period for direct agreements, which may apply to certain types of solicited online sales if they meet the definition).  

        • Refunds for cancellations made during a cooling-off period are processed within 15 calendar days.  

        • Wizcart prohibits unfair practices; consumers have the right to rescind agreements resulting from an unfair practice within one year.  

        • Specific Citation: This Policy adheres to the rights of cancellation and refund requirements as stipulated in the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A, particularly concerning internet agreements (Part IV), future performance agreements (Sections 22-26), and direct agreements (Sections 40-47.1) where applicable.

    • British Columbia:

      • Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2 (BPCPA):

        • Wizcart ensures that all consumer contracts include mandatory information as per Section 18.2, including detailed descriptions of services, itemized pricing, and the supplier's return, exchange, cancellation, and refund policies (s. 18.2(q)).  

        • Consumers have rights to cancel contracts if required information is missing or inconsistent with pre-contract disclosures (s. 18.4). For instance, for direct sales or future performance contracts, cancellation can occur up to one year after receiving a copy of the contract if disclosures are inadequate; for distance sales contracts, 7 days after receiving a copy.  

        • Wizcart will not include terms that prohibit consumers from posting reviews (s. 14.2) or that mandate arbitration for consumer disputes before a dispute arises (s. 14.3).  

        • For subscription contracts, if renewal terms are less than 60 days, cancellation must be allowed without penalty. For terms longer than 60 days, notice of renewal (30-60 days prior) and penalty-free cancellation before renewal are required.  

        • Specific Citation: This Policy is drafted in consideration of the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, as amended, particularly Part 2, Division 2 regarding disclosure (e.g., s. 18.2, s. 18.3) and cancellation rights (e.g., s. 18.4).

    • Quebec:

      • Consumer Protection Act, R.S.Q., c. P-40.1 (CPA):

        • For contracts that may be deemed as entered into with an "itinerant merchant" (which can include certain types of online solicitations or contracts not concluded at the merchant's fixed address), Wizcart will comply with specific requirements:

          • Providing the consumer with a contract that includes a "Statement of Consumer Cancellation Rights" and a detachable cancellation form, as prescribed by regulation.  

          • Consumers have a right to cancel such contracts within 10 days of receiving a copy of the contract and other required documents, for any reason.  

          • The cancellation period may be extended to one year if, for example, the merchant did not hold a permit (if required), failed to provide security, the contract was incorrectly worded, or if the goods or services are not supplied within 30 days of the date stated in the contract.  

          • If a contract is cancelled, the merchant must refund all sums paid by the consumer within 15 days of the cancellation.  

          • An itinerant merchant may not supply a service (including installation of goods) before the expiry of the 10-day cancellation period (Section 60.1 CPA).  

        • Specific Citation: This policy acknowledges the specific rights afforded to consumers in Quebec under the Consumer Protection Act, R.S.Q., c. P-40.1, particularly sections 58 through 65 concerning contracts entered into with itinerant merchants, including the 10-day cancellation right, form requirements, and refund obligations.

• 7.4. India Wizcart complies with India's consumer protection framework for e-commerce.

  • 7.4.1. Consumer Protection Act, 2019 (CPA 2019):

    • Wizcart upholds the rights of consumers as defined under Section 2(9) of the CPA 2019. This includes the right to be informed about service particulars, protection against unfair trade practices (Section 2(47)), and the right to seek redressal for deficiencies in service (Section 2(11)).  

    • Wizcart ensures that its terms, including this Cancellation Policy, do not constitute an "unfair contract" as defined under Section 2(46) of the CPA 2019, which prohibits terms that cause significant change in consumer rights, such as imposing disproportionate penalties for breach or allowing unilateral termination without reasonable cause.  

    • Specific Citation: This Policy is framed in compliance with the Consumer Protection Act, 2019, ensuring service standards to avoid "deficiency" as per Section 2(11) and "unfair trade practices" as per Section 2(47), and upholding "consumer rights" as per Section 2(9).

  • 7.4.2. Consumer Protection (E-Commerce) Rules, 2020 (E-Commerce Rules):

    • Cancellation Charges (Rule 4(8)): Wizcart shall not impose cancellation charges on consumers cancelling after confirming a purchase unless Wizcart itself would bear similar charges if it were to cancel the purchase order unilaterally for any reason.  

    • Refunds (Rule 4(10)): Wizcart shall effect all payments towards accepted refund requests of consumers as prescribed by the Reserve Bank of India or any other competent authority, within a reasonable period, or as prescribed under applicable laws. This generally means refunds should be processed promptly, often within timelines like 7-15 days depending on payment methods and specific RBI directives.  

    • Information Disclosure by Marketplace (Rule 5): As a marketplace e-commerce entity, Wizcart will clearly and accessibly display information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, and grievance redressal mechanism (Rule 5(3)(c)). This includes details about sellers and their policies.  

    • Duties of Sellers on Marketplace (Rule 6): Wizcart requires sellers on its platform to adhere to Rule 6, which includes not adopting any unfair trade practice and not refusing to take back goods or withdraw services or refund consideration if such goods or services are defective, deficient, spurious, or not as advertised (Rule 6(3)).  

    • Cooling-Off Period: While Indian law provides a cooling-off period (often cited as 14 days) for consumers purchasing goods online, allowing cancellation without reason , its direct, mandated applicability across all services is less uniformly defined than for goods. However, the E-Commerce Rules apply to "goods or services." Wizcart's policy ensures fair and reasonable cancellation windows for services, reflecting the spirit of consumer protection and the right to reconsider, particularly for services booked with significant advance notice or involving longer commitments. The specific timelines in Section 3.1 are designed with this principle in mind.  

    • Specific Citation: This Policy adheres to the Consumer Protection (E-Commerce) Rules, 2020, particularly Rule 4(5) (grievance officer), Rule 4(8) (cancellation charges), Rule 4(10) (refunds), Rule 5 (marketplace disclosures), and Rule 6 (seller duties).

  • 7.4.3. Reserve Bank of India (RBI) Guidelines:

    • Wizcart will comply with applicable RBI guidelines concerning the timelines and methods for processing refunds for online transactions, ensuring that refunds are credited back to the original payment method where feasible and within stipulated timeframes.  

Table 2: Summary of Key Consumer Cancellation Rights and Wizcart Policy Adherence by Jurisdiction

Jurisdiction

Relevant Law/Regulation

Key Consumer Right/Requirement Related to Cancellation

Corresponding Wizcart Policy Clause(s)

USA - Federal

FTC Rule Concerning Recurring Subscriptions (16 C.F.R. Part 425)

Clear pre-billing disclosures, separate affirmative consent for auto-renewal, simple cancellation mechanism (same medium as sign-up, e.g., online cancel for online sign-up).

7.2.1

USA - California

Cal. Civ. Code §1794.4(c)(3)(A) (Periodic Service Contracts)

Disclosure of continuous nature, affirmative consent, multiple cancellation methods, online cancellation for online sign-ups without obstruction, refunds for unearned amounts.

7.2.2

Canada - Ontario

Consumer Protection Act, 2002

10-day cooling-off for certain agreements (e.g., direct, internet if applicable); refund within 15 days for cooling-off cancellations; clear disclosures.

7.3.2

Canada - BC

Business Practices and Consumer Protection Act (BPCPA)

Detailed contract disclosures (incl. cancellation/refund policies s.18.2); cancellation rights if disclosures inadequate (s.18.4); no clauses restricting reviews or mandating pre-dispute arbitration (s.14.2, s.14.3); specific rules for subscription renewals.

7.3.2

Canada - Quebec

Consumer Protection Act (re: Itinerant Merchants, s.58-65)

10-day cancellation right with prescribed form for "itinerant merchant" contracts; 1-year if service not received in 30 days or other breaches; refund within 15 days. No service delivery before 10-day period expiry.

7.3.2

India - National

Consumer Protection (E-Commerce) Rules, 2020

No cancellation charges unless platform bears similar (Rule 4(8)); prompt refunds per RBI (Rule 4(10)); marketplace disclosures (Rule 5); seller duty to accept returns/refunds for deficient/misdescribed services (Rule 6(3)).

7.4.2

India - National

Consumer Protection Act, 2019

Protection against unfair trade practices and unfair contract terms (e.g., disproportionate penalties, unilateral termination without cause).

7.4.1

Export to Sheets

This table serves as a high-level summary and does not replace the detailed provisions within each referenced section of the Policy or the cited laws themselves.

8. Policy Amendments

• 8.1. Wizcart's Right to Modify the Policy Wizcart reserves the right to amend, modify, or update this Cancellation Policy at its sole discretion at any time. Such changes may be made to reflect evolving business practices, changes in applicable laws or regulations, enhancements to platform features, or for other operational reasons.  

• 8.2. Notification of Changes Wizcart will notify users of any material changes to this Cancellation Policy. Notification may be provided by:

  • Sending an email to the registered email address of Customers and Service Providers.

  • Posting a notice on the Wizcart Platform (e.g., on the user dashboard or through an in-app notification).

  • Updating the "Effective Date" or "Last Revised" date at the beginning of this Policy. It is the responsibility of Customers and Service Providers to review this Policy periodically for any updates. Continued use of the Wizcart Platform or its services after the effective date of any amendments to this Policy will constitute acceptance of the revised Policy. If a user does not agree with the amended Policy, their sole recourse is to discontinue using the Wizcart Platform. Transparency in policy updates is critical for maintaining user trust and ensuring users are aware of the terms that govern their use of the platform.

9. Contact Information

• 9.1. Questions Regarding This Policy If Customers or Service Providers have any questions, require clarification regarding any aspect of this Cancellation Policy, or wish to understand how it applies to a specific situation, they are encouraged to contact Wizcart's support team. Please direct inquiries to:

  • Email: [e.g., support@wizcart.com or legal@wizcart.com]

  • Help Center/Support Portal: [Link to Wizcart's online help center or support ticket submission page] Providing a clear and accessible point of contact demonstrates Wizcart's commitment to open communication and assists users in understanding their rights and obligations under this Policy. Wizcart will endeavor to respond to inquiries in a timely manner.