Terms & Conditions

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. The formation of this agreement is supported by principles of contract law in the jurisdictions of operation, including the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and the Uniform Electronic Transactions Act (UETA) in the United States , the common law of contract and relevant electronic commerce legislation in Canada , and the Indian Contract Act, 1872, and the Information Technology Act, 2000, in India. These legal frameworks recognize the validity and enforceability of electronic contracts.  

• 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. While some jurisdictions may recognize implied consent through continued use (browsewrap), Wizcart employs an affirmative acceptance mechanism (clickwrap) during registration and for material changes to these Terms to ensure clear and unambiguous consent, thereby enhancing enforceability across all operating jurisdictions. This approach is particularly important given the varying requirements for consent under consumer protection laws in the USA, Canada, and India, where active and informed agreement is often preferred for key obligations related to payments, liability, and data usage.  

• 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. By using the Platform, Users represent and warrant that they meet these eligibility requirements. 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, and "User," "You," and "Your" will refer to that business or entity. Wizcart reserves the right to refuse access to the Platform or terminate accounts of Users who do not meet these eligibility criteria or who are otherwise in breach of these Terms, subject to applicable laws. Specifying the "age of majority in their jurisdiction of residence" addresses potential variations in legal age across different states, provinces, or countries, mitigating risks associated with contracts entered into by minors, which are often voidable.  

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. It connects Customers who are seeking a variety of personal and professional services with independent Service Providers who possess the skills and qualifications to offer such services. The Platform enables Users to find, communicate with, book, and pay for services offered by Service Providers. Wizcart's role is that of a facilitator, bringing together the demand (Customers) and supply (Service Providers) sides of the service transaction.  

• 2.2. Wizcart as an Intermediary: Wizcart acts solely as a neutral intermediary or a platform provider, facilitating the connection and transaction between Customers and Service Providers. Wizcart is not a direct party to any service agreement or contract formed between a Customer and a Service Provider for the provision of services. Wizcart does not itself offer or perform the services listed by Service Providers on the Platform. The actual contract for services is directly between the Customer and the Service Provider. Wizcart’s involvement is limited to providing the technology platform, facilitating payments, and offering related support services as described in these Terms. This intermediary status is crucial for defining Wizcart's legal obligations and liability limitations. The clarity of this role is essential, as a platform's active participation beyond mere facilitation can, in some jurisdictions, alter its legal standing and associated responsibilities. Wizcart endeavors to maintain its status as a facilitator by not controlling the means and methods of service delivery by Service Providers.  

  • Legal Citations for Intermediary Status:

    • United States: In the USA, Wizcart operates as an "interactive computer service" provider as defined under Section 230 of the Communications Decency Act (CDA), 47 U.S.C. § 230. As such, Wizcart is generally not treated as the publisher or speaker of any information provided by another information content provider (e.g., Service Provider listings, Customer reviews) and is largely immune from liability for third-party content hosted on the Platform and for the actions of its Users, subject to certain exceptions outlined in the CDA.  

    • India: In India, Wizcart operates as an "intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000, and is subject to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules"). Wizcart avails itself of the safe harbor provisions under Section 79 of the IT Act, 2000, which exempts intermediaries from liability for third-party information or data hosted on their platforms, provided that Wizcart observes due diligence requirements as prescribed by the IT Rules and promptly removes unlawful content upon receiving actual knowledge or a court/government order.  

    • Canada: While Canada does not have a direct statutory equivalent to CDA Section 230 or the Indian IT Act's intermediary safe harbors in the same form, common law principles regarding platform liability apply. Wizcart's role as a facilitator, rather than a direct provider of services or controller of user-generated content (beyond moderation as per these Terms), is intended to limit its liability for the actions or omissions of its Users.

• 2.3. No Endorsement of Providers or Services: Wizcart does not endorse, recommend, guarantee, or make any representations regarding the quality, suitability, reliability, legality, safety, or ability of any Service Provider or the services they offer. Any references on the Platform to a Service Provider being "verified," "licensed," "vetted," "badged," or similar designations indicate only that the Service Provider has completed a relevant account registration or verification process, or has met certain criteria established by Wizcart, and does not constitute an endorsement, certification, or guarantee by Wizcart of their expertise or the quality of their services. Customers are solely responsible for determining the suitability of Service Providers and their services and engage them at their own risk. Wizcart encourages Customers to conduct their own due diligence before engaging a Service Provider. While Wizcart aims to foster a trustworthy environment, it is essential for Users to understand that excessive claims of vetting by the platform could inadvertently create expectations of liability that Wizcart, as an intermediary, does not assume.  

• 2.4. Commission Structure: Wizcart earns a service fee or commission for the use of its Platform and the facilitation of transactions between Customers and Service Providers. This commission is typically calculated as a percentage of the total service fee agreed upon between the Customer and the Service Provider for each completed transaction. The specific commission rates and how they are applied will be detailed in a separate "Fee and Commission Schedule," which is incorporated by reference into these Terms and may be updated from time to time by Wizcart with notice to Users. The commission will be disclosed to Service Providers and is deducted from the payment made by the Customer before remittance to the Service Provider. For Customers, the total price displayed for a service includes the Service Provider's fee and Wizcart's commission, plus any applicable taxes.  

• 2.5. Service Providers as Independent Contractors: It is expressly understood and agreed that all Service Providers using the Wizcart Platform are independent contractors and not employees, agents, partners, or joint venturers of Wizcart. Wizcart does not direct, control, or supervise the manner, means, or methods by which Service Providers perform their services. Service Providers retain sole discretion over their work schedule, location (unless inherent to the service), and the details of service execution, subject to the terms agreed with the Customer and compliance with applicable laws. Service Providers are solely responsible for:  

  • Determining and remitting their own income taxes, self-employment taxes, goods and services taxes (GST/HST/VAT where not collected by Wizcart as a facilitator), and any other applicable taxes on their earnings.

  • Obtaining and maintaining any necessary business licenses, permits, professional qualifications, and insurance (e.g., liability, professional indemnity) required to lawfully offer and perform their services.

  • Providing their own tools, equipment, and materials necessary for the performance of their services.

  • Complying with all applicable labor and employment laws with respect to any personnel they may employ or subcontract. Wizcart will not provide Service Providers with employee benefits such as health insurance, paid time off, or retirement contributions. The language and operational practices of Wizcart are designed to consistently uphold this independent contractor relationship to mitigate the significant legal and financial risks associated with worker misclassification.  

3. User Accounts

• 3.1. Account Creation and Eligibility: To access and use certain features of the Wizcart Platform, including booking or offering services, Users must register for and maintain an active personal User account ("Account"). As stated in Section 1.4, Users must be at least the age of majority in their jurisdiction of residence and possess the legal capacity to enter into binding contracts. Account registration requires Users to submit certain personal information, such as name, email address, mobile phone number, and for Service Providers, additional details regarding their services, qualifications, and business information. Wizcart reserves the right, in its sole discretion, to refuse account creation, or to suspend or terminate existing Accounts, for any reason, including but not limited to violation of these Terms or applicable laws, subject to any legal restrictions on such actions.  

• 3.2. Account Responsibilities and Security: Users are responsible for all activity that occurs under their Account and agree to maintain the security and confidentiality of their Account username and password at all times. Users must not authorize third parties to use their Account, and they may not assign or otherwise transfer their Account to any other person or entity. Users agree to notify Wizcart immediately if they suspect any unauthorized access to or use of their Account or any other breach of security. Wizcart will not be liable for any loss or damage arising from a User's failure to comply with these security obligations, except where such loss or damage is directly caused by Wizcart's gross negligence or willful misconduct.  

• 3.3. Accuracy of Information: Users agree to provide true, accurate, current, and complete information as prompted by the Platform's registration forms and in all other communications with Wizcart and other Users. Users further agree to maintain and promptly update their Account information to keep it true, accurate, current, and complete. Providing false, inaccurate, outdated, or incomplete information may result in the suspension or termination of the User's Account and their ability to use the Platform. For Service Providers, this obligation extends to the accuracy of their service listings, qualifications, and any information provided for verification purposes. Wizcart may take steps to verify the information provided by Users, and Users consent to such verification. This is particularly relevant for compliance with regulations such as the INFORM Consumers Act in the USA, which mandates the collection and verification of certain information from high-volume third-party sellers. Service Providers explicitly consent to Wizcart collecting, verifying, and, where required by law, disclosing their information for these purposes.  

4. Obligations of Customers

• 4.1. Permitted Use of the Platform: Customers are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Wizcart Platform solely for their personal, non-commercial purposes to search for, communicate with, book, and receive services from independent Service Providers, unless otherwise explicitly permitted by Wizcart in writing. Customers shall not use the Platform for any unlawful purpose or in any manner inconsistent with these Terms.  

• 4.2. Interaction with Service Providers: Customers agree to interact with Service Providers in a respectful, professional, and courteous manner. Customers are responsible for clearly communicating their service requirements, providing accurate and complete information necessary for the Service Provider to perform the requested service (e.g., location details, specific needs, access arrangements), and cooperating reasonably with Service Providers. Customers acknowledge that the quality and successful completion of services may depend on their cooperation and the accuracy of the information they provide.  

• 4.3. Payment Obligations: Customers agree to pay all fees associated with the services they book through the Platform. This includes the service fee quoted by the Service Provider, Wizcart's commission (which is incorporated into the total price displayed), and any applicable taxes (e.g., sales tax, GST/HST, VAT) that Wizcart is required to collect. Payment must be made using one of the approved payment methods specified on the Platform, processed through Wizcart's designated third-party payment processor. Customers authorize Wizcart and its payment processor to charge their selected payment method for all amounts due. Failure to make timely payment may result in the cancellation of bookings or suspension of the Customer's Account.  

• 4.4. Providing Accurate Information for Services: Customers acknowledge that the feasibility, quality, and timeliness of services rendered by Service Providers are often contingent upon the accuracy and completeness of the information and specifications provided by the Customer. Customers agree to provide all necessary and truthful information related to the service request. Misleading or incomplete information may affect the Service Provider's ability to perform the service adequately, and Wizcart shall not be liable for any deficiencies arising therefrom.

• 4.5. Compliance with Laws: Customers agree to use the Platform and any services obtained through it in full compliance with all applicable local, state, provincial, national, and international laws, rules, and regulations. This includes, but is not limited to, laws regarding property access, safety, and the permissible nature of requested services. Customers shall not use the Platform to solicit or engage in any illegal activity or to request services that would violate any applicable law. This obligation ensures that Customers do not use the Platform to facilitate unlawful acts, thereby protecting Wizcart from potential liability associated with such misuse.  

5. Obligations of Service Providers

• 5.1. Registration and Verification: Service Providers must provide true, accurate, current, and complete information during the registration process and in their Account profile. This includes, but is not limited to, their legal name, business name (if applicable), address, contact information, qualifications, certifications, licenses, experience, and details of the services they offer. Service Providers consent to Wizcart conducting verification checks, which may include identity verification, background checks (where legally permissible and relevant to the services offered), and validation of licenses or certifications. Service Providers agree to cooperate with Wizcart in these verification processes and to promptly update their information if it changes. Compliance with the INFORM Consumers Act in the USA requires Wizcart to collect and verify specific information from "high-volume third-party sellers," and Service Providers meeting such criteria agree to provide the necessary data.  

• 5.2. Service Listings and Accuracy: Service Providers are solely responsible for the content, accuracy, completeness, and legality of their service listings on the Platform. Listings must provide a clear and honest description of the services offered, including scope, pricing, availability, and any specific terms or conditions related to their services. Service Providers warrant that they have the legal right to offer the services listed and that their listings do not infringe upon the rights of any third party. Listings must not be false, misleading, deceptive, or fraudulent. This is particularly important for compliance with consumer protection laws such as the Competition Act in Canada , the Quebec Consumer Protection Act , and the Consumer Protection Act in India , all of which prohibit misleading representations.  

• 5.3. Performance of Services (Quality, Timeliness): Service Providers agree to perform all booked services with a high degree of professionalism, care, skill, diligence, and in a timely manner, consistent with industry best practices and as described in their service listings. Services rendered must substantially match the description and quality promised to the Customer through the Platform. Service Providers are responsible for addressing any Customer inquiries, complaints, or claims related to the quality, content, or delivery of their services.  

• 5.4. Independent Contractor Status: Service Providers acknowledge and agree that their relationship with Wizcart is that of an independent contractor, and not that of an employee, partner, agent, or joint venturer. As independent contractors, Service Providers are solely responsible for their own business operations, including but not limited to: determining their own work hours; providing their own tools, equipment, and supplies; managing their own profits and losses; and bearing all costs of doing business. Service Providers are responsible for their own tax obligations (including income, self-employment, and indirect taxes where applicable), obtaining necessary insurance, and complying with all laws pertaining to their business and personnel.  

• 5.5. Legal and Regulatory Compliance: Service Providers represent and warrant that they will comply with all applicable local, state, provincial, national, and international laws, rules, regulations, and licensing requirements in all jurisdictions where they offer and provide services. This includes, but is not limited to:  

  • Obtaining and maintaining all necessary business licenses, permits, professional certifications, and registrations required to lawfully operate their business and provide the specific services offered.

  • Adherence to all applicable labor and employment laws if they engage any employees, assistants, or subcontractors, including laws related to wages, working conditions, and employee benefits. Wizcart is not the employer of Service Providers or their personnel and bears no responsibility for such compliance.

  • Compliance with all relevant health, safety, and environmental standards.

  • Adherence to all applicable consumer protection laws in their interactions with Customers and in the provision of their services. The responsibility for ensuring full legal and regulatory compliance for service delivery rests solely with the Service Provider. This clear allocation of responsibility is essential for Wizcart to mitigate liability associated with the diverse range of services offered on the Platform across multiple jurisdictions.  

• 5.6. Insurance: Service Providers are solely responsible for obtaining and maintaining, at their own expense, adequate insurance coverage appropriate to the nature of the services they offer and the risks associated with their business operations. This may include, but is not limited to, commercial general liability insurance, professional liability (errors and omissions) insurance, workers' compensation insurance (if applicable), and any other insurance required by law or customarily maintained by businesses offering similar services. Wizcart reserves the right to request proof of such insurance coverage from Service Providers at any time. Wizcart is not responsible for providing any insurance coverage for Service Providers or their operations.  

• 5.7. Confidentiality of Customer Information: Service Providers agree to maintain the strict confidentiality of any personal, sensitive, or proprietary information ("Confidential Information") they receive from Customers or through the Wizcart Platform in the course of providing services. Service Providers shall use such Confidential Information solely for the purpose of performing the booked services and shall not disclose it to any third party without the Customer's prior written consent, except as required by law. Service Providers must comply with all applicable data privacy and protection laws in their handling of Customer information, including Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial equivalents , and India's Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, and the IT Rules, 2021. This obligation ensures that Customer data shared for service fulfillment is protected, aligning with Wizcart's own privacy commitments and legal duties.  

6. Booking and Financial Terms

• 6.1. Service Booking Process: Customers may search for, select, and book services from available Service Providers through the functionalities provided on the Wizcart Platform. The booking process will typically involve selecting a service, choosing a Service Provider (if applicable), agreeing on a time and location (if applicable), and confirming the service details and price. A booking is considered confirmed once the Customer completes the payment process and receives a confirmation from Wizcart.

• 6.2. Payment Processing: All payments for services booked through the Wizcart Platform must be processed via Wizcart's designated third-party payment processor(s). Wizcart does not directly process payments and is not a bank, money transmitter, or other financial institution. By making or receiving payments through the Platform, Users authorize Wizcart and its payment processor(s) to charge, debit, or credit their designated payment method (e.g., credit card, bank account) for all fees, commissions, and taxes due in connection with the services. Users agree to provide valid and current payment information and to comply with the terms and conditions of the third-party payment processor.  

• 6.3. Fees and Commissions (Wizcart's Commission): Customers will be charged the total fee for the services as agreed upon at the time of booking, which includes the Service Provider's fee for the service and Wizcart's commission. Service Providers agree that Wizcart will deduct its applicable commission from the total amount paid by the Customer before remitting the remaining balance to the Service Provider. The specific commission rates and any other applicable platform fees are detailed in Wizcart's "Fee and Commission Schedule," which is available on the Platform and incorporated by reference into these Terms. Wizcart reserves the right to modify its Fee and Commission Schedule from time to time with prior notice to Users.  

• 6.4. Cancellations, Refunds, and Rescheduling: Wizcart will maintain a policy regarding cancellations, refunds, and rescheduling of services, which will be made available on the Platform and is incorporated by reference into these Terms.  

  • Cancellations: The policy will outline the conditions under which Customers or Service Providers may cancel a booked service and any applicable cancellation fees or penalties.

  • Refunds: Refunds, if any, will be processed in accordance with the refund policy and applicable consumer protection laws. Conditions for eligibility for refunds (e.g., non-performance, unsatisfactory service subject to investigation, permissible cancellations) will be specified. Consumer protection laws in Canada (such as the Ontario Consumer Protection Act and the Quebec Consumer Protection Act ) and India (Consumer Protection Act, 2019 and the Consumer Protection (E-commerce) Rules, 2020 ) may mandate specific cancellation rights (e.g., "cooling-off periods" for distance or internet contracts) and refund timelines, which Wizcart's policies will adhere to for Users in those jurisdictions.  

  • Rescheduling: The policy will also address the process and conditions for rescheduling services.

• 6.5. Tax Responsibilities: Users acknowledge and agree that they are responsible for their own tax obligations arising from their use of the Platform and the services transacted.

  • Service Provider Tax Obligations: Service Providers are solely responsible for:

    • Determining their obligations to report, collect, and remit any applicable income taxes, self-employment taxes, corporate taxes, and other business-related taxes on the earnings they receive through the Platform.

    • Complying with all tax registration and filing requirements in their respective jurisdictions.

  • Sales Tax / Goods and Services Tax (GST) / Harmonized Sales Tax (HST) / Value Added Tax (VAT) Collection:

    • Prices for services displayed on the Platform may be exclusive of applicable indirect taxes such as Sales Tax, GST, HST, or VAT. Where required by law, such taxes will be calculated and added to the total amount payable by the Customer at the time of checkout.

    • United States - Marketplace Facilitator Laws: In certain states within the USA, marketplace facilitator laws require Wizcart, as the marketplace operator, to collect and remit sales tax on taxable services transacted through the Platform on behalf of Service Providers. In such jurisdictions, Customers agree to pay the applicable sales tax, and Service Providers acknowledge that Wizcart will handle the collection and remittance of these taxes to the relevant state authorities. Service Providers remain responsible for their overall tax compliance.  

    • Canada - GST/HST/PST Collection by Facilitators: Similarly, under Canadian federal and/or provincial laws, Wizcart, as a digital platform or marketplace facilitator, may be required to register for, collect, and remit GST/HST and applicable Provincial Sales Taxes (PST) on services provided by Service Providers (particularly non-resident Service Providers) to Customers in Canada. Customers in Canada agree to pay such taxes, and Service Providers consent to Wizcart's collection and remittance of these taxes where mandated. Service Providers are responsible for providing Wizcart with accurate information for tax purposes, including their GST/HST registration status if applicable.  

    • India - Goods and Services Tax (GST) - Tax Collection at Source (TCS): Under India's GST law (specifically Section 52 of the Central Goods and Services Tax Act, 2017), Wizcart, as an e-commerce operator, is required to collect Tax at Source (TCS) at the prescribed rate (currently 1%, comprising 0.5% CGST and 0.5% SGST/UTGST, or 1% IGST, as applicable) on the net value of taxable supplies made through it by Service Providers. This TCS amount will be deducted by Wizcart from the payment due to the Service Provider and deposited with the Indian government. Service Providers in India acknowledge this TCS deduction and understand that they are responsible for their overall GST compliance, including obtaining GST registration (which is mandatory for sellers on e-commerce platforms liable for TCS, irrespective of turnover for certain categories), filing GST returns, and claiming credit for the TCS deducted. The complexity of indirect tax laws across these multiple federal systems necessitates robust internal systems for Wizcart to manage compliance. These Terms serve to communicate the respective responsibilities to Users and obtain their agreement to these processes.  

7. Intellectual Property Rights

• 7.1. Wizcart's Intellectual Property: All rights, title, and interest in and to the Wizcart Platform, including but not limited to its underlying software, source code, object code, design, layout, text, graphics, images, videos, audio clips, data, logos, trademarks, service marks, trade names, and all other content and materials created by or for Wizcart and made available on or through the Platform (collectively, "Platform IP"), are and will remain the exclusive property of Wizcart or its licensors. The Platform IP is protected by copyright, trademark, patent, trade secret, and other intellectual property laws in the United States, Canada, India, and other applicable international jurisdictions. Wizcart grants Users a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform and Platform IP solely for the purpose of using Wizcart's services in accordance with these Terms. Users may not copy, reproduce, modify, create derivative works from, distribute, sell, lease, publicly display, publicly perform, transmit, or otherwise exploit any part of the Platform IP without Wizcart's express prior written consent. All rights not expressly granted to Users in these Terms are reserved by Wizcart.  

• 7.2. User-Generated Content (UGC): Users may be permitted to create, post, upload, submit, or otherwise make available content on or through the Platform, including but not limited to service listings, descriptions, images, videos, reviews, ratings, comments, messages, and other materials ("User-Generated Content" or "UGC").  

  • Ownership of UGC: Users retain all ownership rights they have in their UGC.

  • License Grant to Wizcart: By submitting UGC to the Platform, Users grant Wizcart a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to use, host, store, reproduce, modify, adapt, create derivative works from, publish, translate, distribute, publicly perform, and publicly display such UGC, in whole or in part, in any and all media or distribution methods (now known or later developed) for any purpose related to the operation, provision, promotion, and improvement of the Wizcart Platform and its services. This license includes the right for Wizcart to make UGC available to other companies, organizations, or individuals who partner with Wizcart for the syndication, broadcast, distribution, or publication of such UGC on other media and services.  

  • User Representations and Warranties for UGC: Each User represents and warrants that: (i) they are the sole and exclusive owner of all UGC they submit or they have all rights, licenses, consents, and releases that are necessary to grant Wizcart the license to the UGC as set forth above; (ii) their UGC, and Wizcart's use of their UGC as permitted by these Terms, will not infringe, misappropriate, or violate any third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation ; (iii) their UGC is not and will not be unlawful, defamatory, libelous, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable ; and (iv) they have obtained all necessary consents from any individuals identifiable in their UGC for the use of their name, likeness, or other personal attributes in connection with the UGC and the license granted herein.  

  • Monitoring and Removal of UGC: Wizcart has the right, but not the obligation, to monitor, review, screen, edit, or remove UGC at its sole discretion and without prior notice, for any reason, including if Wizcart believes such UGC violates these Terms or is otherwise objectionable. Wizcart assumes no responsibility or liability for UGC or for any loss or damage resulting from UGC.

• 7.3. Copyright Infringement (DMCA/Equivalent Process): Wizcart respects the intellectual property rights of others and expects its Users to do the same. Wizcart will respond to notices of alleged copyright infringement that comply with applicable law.

  • United States: If a User or third party believes that their copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, they may notify Wizcart's designated copyright agent as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). The notification must include all information required by the DMCA. Wizcart will follow the procedures specified in the DMCA to resolve claims of copyright infringement.  

  • Canada and India: Wizcart will also respond to notices of alleged copyright infringement in Canada and India in accordance with their respective applicable copyright laws and established notice-and-takedown procedures. Users and rights holders in these jurisdictions may contact Wizcart's designated representative (as provided in Section 16) to report infringement.

  • Repeat Infringers: Wizcart maintains a policy of terminating, in appropriate circumstances, the Accounts of Users who are determined to be repeat infringers of copyright. The implementation of a clear notice-and-takedown procedure for intellectual property infringement is a global best practice and is essential for maintaining intermediary safe harbor protections, particularly under India's IT Rules.  

8. Prohibited Conduct

Users of the Wizcart Platform are strictly prohibited from engaging in the following activities :  

• Using the Platform for any illegal, fraudulent, or unauthorized purpose, or in violation of any applicable local, state, provincial, national, or international law, rule, or regulation.

• Infringing upon or violating Wizcart's intellectual property rights (including copyrights, trademarks, patents, and trade secrets) or the intellectual property or other proprietary rights of any third party.

• Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information that:

  • Belongs to another person and to which the User does not have any right.

  • Is defamatory, libelous, obscene, pornographic, pedophilic, invasive of another's privacy (including bodily privacy), insulting or harassing on the basis of gender, ethnically or racially objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on grounds of religion or caste with intent to incite violence, or is otherwise unlawful in any manner.  

  • Is harmful to children.

  • Infringes any patent, trademark, copyright, or other proprietary rights.

  • Deceives or misleads the addressee about the origin of a message or knowingly and intentionally communicates any misinformation or information which is patently false, untrue, or misleading in nature.

  • Impersonates another person.

  • Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of any offense, or is insulting to another nation (applicable to conduct affecting India).

  • Contains software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, damage, or limit the functionality of any computer resource or the Platform.

  • Violates any law for the time being in force.

• Posting, transmitting, or distributing any material that is abusive, hateful, harassing, threatening, vulgar, or otherwise objectionable.

• Making any false, misleading, inaccurate, or deceptive statements or claims in service listings, reviews, User profiles, or any other communications on or through the Platform.

• Impersonating any person or entity, or falsely stating or otherwise misrepresenting an affiliation with a person or entity.

• Collecting, harvesting, or storing personal data or information about other Users without their express consent or for purposes unrelated to a transaction on the Platform.

• Interfering with, disrupting, or creating an undue burden on the Platform or the servers, networks, or infrastructure connected to the Platform.

• Using any robot, spider, scraper, site search/retrieval application, or other manual or automated device, process, or means to access, retrieve, index, "data mine," or in any way reproduce, circumvent, or interfere with the navigational structure, security, or presentation of the Platform or its contents.

• Attempting to gain unauthorized access to the Platform, other User Accounts, or any computer systems, networks, or data connected to or protected by the Platform, through hacking, password mining, or any other means.

• Circumventing or attempting to circumvent Wizcart's commission or fee structure, including but not limited to, by initiating contact with another User through the Platform and then completing a transaction or service engagement offline to avoid paying Wizcart's fees.

• Engaging in any conduct that restricts or inhibits any other User from using or enjoying the Platform.

• Violating any provision of these Terms & Conditions or any other policies or guidelines posted by Wizcart on the Platform.

Wizcart reserves the right to investigate and determine, in its sole discretion, whether a violation of these prohibited conduct rules has occurred. Consequences for engaging in prohibited conduct may include, but are not limited to, immediate suspension or termination of the User's Account, removal of offending content, forfeiture of fees, and pursuit of any available legal remedies, including reporting to law enforcement authorities. The list of prohibited conduct aligns with requirements under India's IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 , which is essential for maintaining Wizcart's intermediary safe harbor status in India, and represents a high standard of conduct expected on the Platform globally.  

9. Disclaimers and Limitation of Liability

• 9.1. Service Provided "As Is" and "As Available": THE WIZCART PLATFORM AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WIZCART DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. USERS ACKNOWLEDGE THAT THE PLATFORM MAY BE SUBJECT TO PERIODIC MAINTENANCE, UPGRADES, OR UNEXPECTED DOWNTIME. WIZCART MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.  

• 9.2. Disclaimer of Warranties (Express and Implied): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WIZCART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WIZCART SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, SUITABILITY, SAFETY, LEGALITY, OR EFFICACY OF ANY SERVICES OFFERED OR PROVIDED BY SERVICE PROVIDERS THROUGH THE PLATFORM. WIZCART DOES NOT WARRANT THAT SERVICE PROVIDERS ARE ACCURATELY IDENTIFIED, LICENSED, INSURED, OR QUALIFIED FOR THE SERVICES THEY OFFER. ANY TRANSACTIONS OR INTERACTIONS BETWEEN CUSTOMERS AND SERVICE PROVIDERS ARE AT THE USERS' OWN RISK.  

• 9.3. Limitation of Wizcart's Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIZCART, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO :  

  • A USER'S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM;

  • ANY CONDUCT, CONTENT, OR OMISSIONS OF ANY THIRD PARTY ON OR THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS (INCLUDING SERVICE PROVIDERS AND CUSTOMERS) OR THIRD PARTIES;

  • ANY SERVICES OFFERED, PROVIDED, OR FAILED TO BE PROVIDED BY SERVICE PROVIDERS, OR ANY DISPUTES, INTERACTIONS, OR TRANSACTIONS BETWEEN CUSTOMERS AND SERVICE PROVIDERS;

  • UNAUTHORIZED ACCESS TO, USE, OR ALTERATION OF A USER'S ACCOUNT, TRANSMISSIONS, OR CONTENT;

  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY;

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE PLATFORM; OR

  • ANY OTHER MATTER RELATING TO THE PLATFORM OR THESE TERMS.

WIZCART'S TOTAL AGGREGATE LIABILITY TO ANY USER (WHETHER CUSTOMER OR SERVICE PROVIDER) FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE PLATFORM, THE SERVICES FACILITATED THEREIN, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF: (I) THE TOTAL AMOUNT OF COMMISSION OR SERVICE FEES PAID BY THAT USER TO WIZCART (IF ANY) IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN LOCAL CURRENCY.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF WIZCART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. USERS ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THE USER AND WIZCART, AND THAT WIZCART WOULD NOT PROVIDE THE PLATFORM WITHOUT SUCH LIMITATIONS. It is important to recognize that consumer protection laws in certain jurisdictions, such as Canada (particularly Quebec's Consumer Protection Act ) and India (Consumer Protection Act, 2019 ), may restrict or prohibit certain limitations of liability, especially concerning gross negligence, willful misconduct, or fundamental breaches of contract in consumer agreements. These limitations are intended to apply to the maximum extent permitted by such mandatory laws.  

• 9.4. No Liability for Actions of Users (Customers or Service Providers): WIZCART IS AN INTERMEDIARY PLATFORM THAT CONNECTS CUSTOMERS AND SERVICE PROVIDERS. WIZCART IS NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, CONDUCT, STATEMENTS, OR SERVICES OF ITS USERS (WHETHER CUSTOMERS OR SERVICE PROVIDERS), EITHER ON OR OFF THE PLATFORM. WIZCART DOES NOT EMPLOY SERVICE PROVIDERS AND HAS NO CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF ANY SERVICES PROVIDED BY SERVICE PROVIDERS. ANY DISPUTES BETWEEN CUSTOMERS AND SERVICE PROVIDERS REGARDING SERVICES MUST BE RESOLVED DIRECTLY BETWEEN THEM. WHILE WIZCART MAY, IN ITS SOLE DISCRETION, OFFER ASSISTANCE IN RESOLVING DISPUTES AS OUTLINED IN SECTION 11 (DISPUTE RESOLUTION), WIZCART IS UNDER NO OBLIGATION TO DO SO AND WILL NOT BE A PARTY TO SUCH DISPUTES, NOR WILL IT BE LIABLE FOR THEIR OUTCOME.  

10. Indemnification

Each User (whether a Customer or a Service Provider) agrees to indemnify, defend, and hold harmless Wizcart and its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including without limitation, reasonable attorneys' fees and legal costs (collectively, "Claims"), arising out of or relating to :  

• The User's access to or use of the Wizcart Platform;

• The User's breach or violation of any provision of these Terms & Conditions, including any policies incorporated herein;

• The User's violation of any applicable law, rule, or regulation;

• The User's infringement or violation of any third-party right, including but not limited to any intellectual property right, privacy right, publicity right, or contractual right;

• Any User-Generated Content submitted, posted, or transmitted by the User on or through the Platform;

• Specifically for Service Providers:

  • The services offered or provided by the Service Provider to Customers, including any claims of negligence, misconduct, personal injury, property damage, or failure to perform;

  • The Service Provider's interactions, agreements, or disputes with Customers or other third parties;

  • The Service Provider's business operations, including compliance with tax laws, labor laws (with respect to their own personnel or subcontractors), licensing requirements, and insurance obligations;

  • Any misrepresentation made by the Service Provider.

• Specifically for Customers:

  • The Customer's interactions, agreements, or disputes with Service Providers;

  • Any misuse of services obtained through the Platform;

  • Any damage or harm caused by the Customer at a service location or to a Service Provider.

Wizcart reserves the right, at the User's expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify Wizcart, and the User agrees to cooperate with Wizcart's defense of such Claims. The User agrees not to settle any Claim without Wizcart's prior written consent. Wizcart will use reasonable efforts to notify the User of any such Claim upon becoming aware of it. This indemnification obligation will survive the termination of these Terms and the User's use of the Platform. The primary purpose of this clause is to protect Wizcart from financial harm and legal costs resulting from User actions or breaches.

11. Dispute Resolution and Governing Law

This section governs how disputes between Users and Wizcart will be resolved. It is structured to address the multi-jurisdictional nature of the Platform's operations.  

• 11.1. General Approach to Disputes: Wizcart is committed to resolving disputes with its Users in an amicable, efficient, and cost-effective manner. Users agree to first attempt to resolve any dispute, claim, question, or disagreement directly through consultation and good faith negotiations with Wizcart by contacting Wizcart Customer Support (see Section 16 for contact details). This shall be a precondition to initiating any lawsuit or arbitration.

• 11.2. For Users Primarily Residing in or Services Primarily Transacted in the United States of America (USA):

  • Governing Law: These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware. The choice of Delaware law is common for US-based technology companies due to its well-developed body of corporate law; however, mandatory consumer protection laws of a User's state of residence may still apply in certain circumstances.  

  • Dispute Resolution - Binding Arbitration:

    • If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under Section 11.1, then either party may initiate binding arbitration.

    • All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (for consumer disputes) or Commercial Arbitration Rules (for other disputes), as applicable, and modified by these Terms.  

    • The arbitration shall be conducted by a single, neutral arbitrator. The place of arbitration shall be Wilmington, Delaware, or, at the User's option if they are a consumer, in the county in which they reside, or through telephonic or video-conference means where permitted by AAA Rules.

    • The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable.

    • The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

  • Small Claims Court Option: Notwithstanding the foregoing, either Wizcart or the User may bring an individual action in a small claims court for disputes or claims within the scope of that court's jurisdiction.

  • Waiver of Class Actions and Representative Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

• 11.3. For Users Primarily Residing in or Services Primarily Transacted in Canada:

  • Governing Law: These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.  

  • Dispute Resolution:

    • Following the informal negotiation period outlined in Section 11.1, if a dispute remains unresolved, the parties may agree to attempt to resolve it through non-binding mediation with a mutually agreed-upon mediator before resorting to arbitration.  

    • If mediation is unsuccessful or not pursued, any unresolved dispute, claim, or controversy arising out of or relating to these Terms, including their existence, validity, interpretation, performance, breach, or termination, shall be referred to and finally resolved by binding arbitration administered by the ADR Institute of Canada (ADRIC) under its Arbitration Rules, or by a single arbitrator agreed upon by the parties, or, failing agreement, appointed in accordance with such rules. The place of arbitration shall be Toronto, Ontario, or conducted remotely by agreement or as determined by the arbitrator. The language of the arbitration shall be English.

  • Small Claims Court Option: This arbitration agreement does not prevent either party from seeking relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

  • Quebec Consumers: If a User is a consumer residing in the Province of Quebec, certain provisions of the Quebec Consumer Protection Act may apply and take precedence over conflicting provisions in these Terms. Specifically, for Quebec consumers, any stipulation in these Terms that requires referral of a dispute to arbitration, or that chooses a forum outside Quebec, or that waives the right to participate in a class action, may be unenforceable. Such disputes involving Quebec consumers may, at the consumer's option, be submitted to the competent courts of Quebec. Wizcart acknowledges these specific consumer rights in Quebec and will comply with applicable Quebec law in such instances.  

  • Waiver of Class Actions (Outside Quebec where permissible): Subject to applicable provincial laws (which in some Canadian provinces may limit or prohibit class action waivers in consumer contracts), all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action or other representative proceeding.

• 11.4. For Users Primarily Residing in or Services Primarily Transacted in India:

  • Governing Law: These Terms, and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India, without reference to its conflict of laws principles.  

  • Jurisdiction: Subject to the arbitration provisions below, the courts located in, India, shall have exclusive jurisdiction over any disputes arising out of or relating to these Terms or the use of the Platform.

  • Dispute Resolution - Arbitration:

    • Following the informal negotiation period outlined in Section 11.1, if a dispute remains unresolved, it shall be referred to and finally resolved by binding arbitration administered in accordance with the Arbitration and Conciliation Act, 1996, of India, as amended from time to time.  

    • The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties, or failing such agreement within thirty (30) days, by an arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996.

    • The seat, or legal place, of arbitration shall be, India. The language of the arbitration proceedings shall be English.

    • The arbitral award shall be final and binding on the parties.

  • Consumer Disputes: Notwithstanding the above, Users who are consumers under the Consumer Protection Act, 2019, of India, may have the right to file complaints with the Consumer Dispute Redressal Commissions established under said Act. These Terms do not intend to unlawfully restrict such statutory rights.  

• 11.5. Addressing Conflicts of Law: The choice of governing law clauses in Sections 11.2, 11.3, and 11.4 ("without regard to its conflict of law principles" or similar wording) is intended to ensure that the substantive law of the chosen jurisdiction is applied directly, rather than its conflict of law rules potentially directing the application of another jurisdiction's laws. However, Users acknowledge that mandatory provisions of applicable law in the User's jurisdiction of residence, particularly consumer protection laws, may apply and prevail over the chosen governing law if such mandatory provisions are more favorable to the User and cannot be contractually waived. The practicalities of enforcing judgments or arbitral awards across international borders are complex, and the choice of governing law and dispute resolution forum considers these factors to aim for enforceability.  

12. Termination

• 12.1. Termination by User: Users may terminate their Account and cease using the Wizcart Platform at any time by following the account deletion procedures available on the Platform or by contacting Wizcart Customer Support for assistance. Termination by a User will be effective upon Wizcart's processing of the request. Termination does not relieve the User of any obligations or liabilities incurred prior to the effective date of termination, including any outstanding payment obligations for services already booked or rendered.  

• 12.2. Termination or Suspension by Wizcart: Wizcart reserves the right, in its sole discretion, to suspend, restrict, or terminate a User's access to and use of the Platform, or to deactivate or delete a User's Account, with or without prior notice, for any reason, including but not limited to :  

  • Any breach or violation by the User of these Terms & Conditions, including any incorporated policies or guidelines.

  • Violation by the User of any applicable laws, rules, or regulations.

  • Engagement by the User in fraudulent, abusive, or illegal activities, or conduct that is harmful or potentially harmful to Wizcart, other Users, third parties, or the goodwill or reputation of the Platform.

  • Provision by the User of false, inaccurate, misleading, or incomplete information.

  • Failure to cooperate with Wizcart's requests for information or verification.

  • Extended periods of inactivity on the User's Account.

  • If required by law, court order, or request from a governmental or regulatory authority.

  • If Wizcart discontinues or materially modifies the Platform or any part thereof.

• 12.3. Effect of Termination: Upon termination of a User's Account for any reason:

  • The User's right to access and use the Platform and its services shall immediately cease.

  • Any provisions of these Terms that, by their nature, are intended to survive termination shall continue in full force and effect. This includes, without limitation, provisions concerning Intellectual Property Rights (Section 7), Disclaimers and Limitation of Liability (Section 9), Indemnification (Section 10), Dispute Resolution and Governing Law (Section 11), and General Provisions (Section 15).  

  • Wizcart shall have no liability to the User or any third party for any termination of the User's access to the Platform, except as may be required by applicable law.

  • Any outstanding payment obligations owed by the User to Wizcart or by Wizcart to a Service Provider (net of applicable commissions and fees) accrued prior to termination will remain due.

  • Wizcart's policy regarding the retention or deletion of User data and User-Generated Content following termination will be governed by Wizcart's Privacy Policy and applicable data protection laws.  

13. Modifications to Terms

• 13.1. Wizcart's Right to Modify: Wizcart reserves the right, in its sole discretion, to modify, amend, supplement, or update these Terms & Conditions at any time and from time to time. Such modifications may be necessary to reflect changes in Wizcart's services, business practices, legal or regulatory requirements, or for other reasons.  

• 13.2. Notification of Changes: Wizcart will provide Users with reasonable notice of any material changes to these Terms. Notice may be provided by posting the revised Terms on the Platform with an updated "Effective Date," by sending an email notification to the email address associated with the User's Account, through in-platform notifications, or by other appropriate means of communication. For material changes, Wizcart will endeavor to provide notice at least [e.g., 15 to 30] days before such changes become effective, unless immediate changes are required by law or for urgent operational reasons. Non-material changes may be made without prior notice. Users are encouraged to review these Terms periodically for any updates.  

• 13.3. Continued Use as Acceptance of Modified Terms: A User's continued access to or use of the Platform after the effective date of any modified Terms shall constitute their conclusive acceptance of, and agreement to be bound by, such modified Terms. If a User does not agree to the modified Terms, their sole and exclusive remedy is to discontinue using the Platform and terminate their Account in accordance with Section 12.1. For significant or material modifications, Wizcart may require Users to actively assent to the updated Terms (e.g., by clicking an "I Accept" button) before continuing to use the Platform, to ensure clear consent, particularly in jurisdictions with stringent consumer protection laws regarding contract amendments.  

14. Third-Party Links & Services

The Wizcart Platform may contain links to third-party websites, applications, services, advertisements, or resources (collectively, "Third-Party Services") that are not owned, controlled, or operated by Wizcart. These links are provided for convenience only and do not imply any endorsement, approval, sponsorship, or affiliation by Wizcart of such Third-Party Services or the content, products, or services offered therein. Wizcart does not assume any responsibility or liability for the content, functionality, accuracy, legality, privacy practices, or any other aspect of such Third-Party Services. Users acknowledge and agree that their access to and use of any Third-Party Services is solely at their own risk, and Wizcart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Services. These Terms & Conditions do not apply to a User's use of Third-Party Services. Users should carefully review the terms and conditions and privacy policies of any Third-Party Services they access.  

15. General Provisions

• 15.1. Severability: If any provision of these Terms & Conditions, or any portion thereof, is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, or unenforceable, such provision shall be deemed severed from these Terms and shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original intent and economic effect of the severed provision.  

• 15.2. Entire Agreement: These Terms & Conditions, together with Wizcart's Privacy Policy, Fee and Commission Schedule, and any other legal notices, policies, guidelines, or agreements expressly incorporated by reference herein or published by Wizcart on the Platform, constitute the entire and exclusive understanding and agreement between each User and Wizcart regarding the access to and use of the Platform and the services facilitated thereby. These Terms supersede and replace all prior or contemporaneous oral or written understandings, agreements, communications, representations, and warranties between the User and Wizcart with respect to such subject matter.  

• 15.3. Waiver: The failure of Wizcart to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision or of any other right or provision. No waiver of any term or condition of these Terms by Wizcart shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver by Wizcart must be in writing and signed by an authorized representative of Wizcart to be effective.  

• 15.4. Assignment: Users may not assign, transfer, delegate, or sublicense any of their rights or obligations under these Terms & Conditions, in whole or in part, by operation of law or otherwise, without Wizcart's prior written consent. Any attempted assignment or transfer in violation of this provision will be null and void. Wizcart may assign, transfer, delegate, or sublicense its rights and obligations under these Terms, in whole or in part, without restriction and without notice to Users, including but not limited to in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets or stock. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

• 15.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Wizcart: (i) via email (to the address that the User provides during Account registration); (ii) by posting on the Platform; or (iii) through in-platform notifications. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Users may provide notices to Wizcart by email to the address specified in Section 16 (Contact Information) or through other methods as may be designated by Wizcart on the Platform.

• 15.6. Force Majeure: Neither Wizcart nor any User shall be liable for any failure or delay in the performance of their obligations under these Terms (except for payment obligations) if such failure or delay is due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, pandemics, epidemics, strikes, labor disputes, shortages of transportation facilities, fuel, energy, labor, or materials, or failures of public or private telecommunications networks or infrastructure (a "Force Majeure Event"). The party affected by a Force Majeure Event shall provide prompt notice to the other party and shall use reasonable efforts to resume performance as soon as practicable.

• 15.7. Language: The official language of these Terms & Conditions is English. To the extent any translations of these Terms are provided, they are for convenience only, and the English language version will control and prevail in the event of any ambiguity, discrepancy, or conflict between the English version and any translated version.  

  • Quebec (Canada) Specific: For Users who are consumers residing in the Province of Quebec, Canada, these Terms are available in French. In accordance with Quebec's Charter of the French Language, if these Terms are provided in English, it is because the User has expressly requested and agreed to an English-only version after being provided with the option of a French version.  

  • India Specific: In accordance with India's Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Wizcart endeavors to make its rules and regulations, privacy policy, and user agreement available in English and, where feasible and appropriate, in other languages specified in the Eighth Schedule to the Constitution of India, to facilitate User understanding in their language of choice. However, the English version of these Terms shall be the definitive version. Compliance with language requirements, particularly in Quebec and India, is important. For Quebec, ensuring the French version is available and proper consent is obtained for English contracts is crucial for enforceability. For India, while English is prevalent, providing key documents in major regional languages aligns with regulatory expectations and enhances accessibility.  

16. Contact Information

For any questions, concerns, notices, or complaints regarding these Terms & Conditions or the Wizcart Platform, Users may contact Wizcart at:

Wizcart [Insert Full Legal Name]

Email: Phone: [Insert Phone Number, if applicable]

• Grievance Officer (India): In compliance with the requirements of the Consumer Protection (E-commerce) Rules, 2020, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, of India, Users in India may direct their grievances to Wizcart's designated Grievance Officer :  

Name of Grievance Officer: [Insert Name of Grievance Officer for India] Email: Phone: [Insert Grievance Officer Phone Number for India, if applicable] Address: [Insert Grievance Officer's Address in India, if applicable]

Wizcart will endeavor to acknowledge grievances received by the Grievance Officer within twenty-four (24) to forty-eight (48) hours and to resolve them within fifteen (15) days to one (1) month from the date of receipt, in accordance with the timelines stipulated under the applicable Indian rules. While a specific Grievance Officer is mandated for India, Wizcart is committed to providing responsive support to all its Users across all operating jurisdictions to address concerns and prevent escalation of disputes.