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GoCart terms

Effective date 20 January 2021

What are these terms

  1. These are the terms of a contract between you and GoCart LLC ("Company", "we" or "us").
  2. These terms apply to your use of the GoCart service.
  3. You should download and save, or print a copy of, these terms for your records.

What is GoCart?

  1. GoCart enables you to:
    1. conveniently store information frequently required for online shopping, including your name, billing and shipping address(es), email address(es), phone number(s), payment card details, and the other information described in the Privacy Policy, with us and access those details on an ongoing basis to amend or delete them; and
    2. instruct us to allow a participating online merchant to use:
      1. the card details to request a payment from your card issuer when you make a purchase from that online merchant; and
      2. the delivery, contact information, and other information we have about you to facilitate a payment, fulfil your purchase and otherwise manage their relationship with you.
  2. You authorize and instruct us to allow a participating online merchant to use:
    1. Your contact information to identify you as a GoCart user;
    2. the stored card details to request a payment from your card issuer; and
    3. the delivery, contact information, and other information we have about you to facilitate a payment, fulfil your purchase and otherwise manage their relationship with you,
    4. in each case when:
    5. you enter your contact information in a participating online merchant’s website; and
    6. you make a purchase from that online merchant, and provide your payment consent as prompted at that online merchant’s checkout.
  3. You authorize us to update any of your information using third party service providers.
  4. GoCart is not a payment service. We give no guarantee that any payment or purchase attempted using GoCart will complete. You should contact your card issuer if you experience any problem with a card payment.
  5. We do not charge you a fee to use GoCart.

Your use of GoCart

  1. When you use GoCart, do not:
    1. use it in a way that could damage our systems or other Company customers;
    2. do anything that we tell you not to do;
    3. use it for anything illegal;
    4. disobey any laws that apply to the place where you use GoCart.

Information security and GoCart

  1. We may require you to authenticate your use of GoCart at any time and for any reason (i.e. give us the information that we need or your card issuer needs to be sure that it’s actually you setting up and/or using GoCart).
  2. We may authenticate your use of GoCart by sending a one time code via email to the email address associated with GoCart your account or via text message to the phone number associated with GoCart your account. You may incur fees or other charges as a result of those messages and your are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services. You authorize us to send one time codes to you for authentication via email and text message.
  3. You are solely responsible for the accuracy of the data given by you when you register for or use GoCart.
  4. We will keep the information you provide to us in accordance with ourPrivacy Policy, which is incorporated into these terms, to:
    1. allow you to continue to use GoCart on an ongoing basis; and
    2. enable us to monitor the use of GoCart for risk management and compliance purposes.
  5. We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling card data.
  6. You must protect yourself against unauthorized access to any of your means of authentication (such as passwords and passcodes and other security details) and to your computers, devices, and applications. Do not give anyone else access to any means of authentication. You are responsible for any usage of your means of authentication.
  7. Your use of a participating online merchant’s website is subject to the agreement or terms of use you enter into with the participating online merchant. We do not warrant the offerings of any participating online merchant, or their websites, products, or services. You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any participating online merchant. We strongly advise you to read the terms and conditions and privacy policies of any participating online merchant that you visit.
  8. Our website may contain links to third party websites or services ("Third Party Sites") that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Sites. We do not warrant the offerings of any of these third parties, or their websites, products, or services. You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Third Party Sites. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Sites that you visit.

Changing, suspending and ending your use of GoCart and other actions we may take

  1. We may:
    1. change GoCart or these terms (and therefore this contract) at any time without notifying you:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of GoCart.
    2. make more significant changes to GoCart or these terms at any time for any reason (where possible) on reasonable prior notice on our website.
    3. Suspend or terminate the GoCart service. If you do not agree with any change, you may end the contract.
  2. The contract and your use of GoCart may end or be suspended as follows:
    1. You may end the contract at any time after you enter into the contract (register for GoCart) without giving a reason for doing so by removing your saved card details and delivery and contact information from GoCart or by contacting us to notify us that you are ending the contract (see Contact Us below for details).
    2. We may, at any time, for any reason and (where possible) with reasonable prior notice, end or suspend the provision of GoCart and/or the contract without liability towards you.
    3. We may end or suspend the provision of GoCart and/or the contract at any time without notice if we have reason to believe you have:
      1. broken the contract; or
      2. acted illegally, fraudulently or in breach of these terms or card network rules.
  3. The contract will continue in force after it formally ends as above to the extent and for so long as we require to:
    1. deal with matters arising from your use of GoCart prior to the end of the contract; and
    2. comply with applicable laws, regulations and card network rules.
  4. You will still be liable for any liabilities you accrued prior to the date that the contract ended.
  5. To the extent allowed by applicable law, we are not liable to you for any loss or damage suffered by you in connection with GoCart.
  6. Even if we delay in enforcing the contract, we can still enforce it later.
  7. The actions we take in the provision of GoCart may be based on confidential criteria that are essential to our management of risk and the protection of the Company, our customers and/or service providers. We may be restricted by regulation or a governmental authority from disclosing certain information to you about such actions. We have no obligation to disclose the details of our risk management or security procedures to you.

Contact us

  1. You can contact us about your use of GoCart by emailing:support@gocartpay.com

General provisions

  1. If a court finds part of these terms illegal, the rest of the terms will continue in force as the basis of the contract.
  2. The contract does not affect your mandatory rights under the laws of the country in which you reside, such as your rights as a consumer. Otherwise the contract is governed by the laws of State of Florida.
  3. Arbitration: Any dispute arising out of or relating to these terms, GoCart or the Company or its service providers or any affiliate thereof shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in English in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The arbitrator shall decide the dispute in accordance with the substantive law of the state of Florida. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. Any arbitration arising out of or relating to these terms, GoCart or the Company or its service providers or any affiliate thereof shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration
  4. Notice: The Company or its service providers may provide you with notices, including those regarding changes to these terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Company’s website or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms by accessing or using GoCart in an unauthorized manner. Your agreement to these terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed or used GoCart in an authorized manner. You further expressly authorize the Company and its service providers and their affiliates to contact you, via auto-dialler, pre-recorded messages or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provided are not shared, accessed by others and are not employer-related email addresses. Any legal notices sent by you to us shall be sent via verified mail, return receipt requested or overnight courier and delivered to GoCart LLC, ATTN: Chief Legal Officer, 601 Riverside Avenue, Jacksonville, Florida 32204.
  5. Limitation of Liability:To the maximum extent permitted by applicable law, in no event will:
    1. the Company;
    2. the providers of any financial services available through or related to GoCart; and
    3. the contractors, providers and affiliates of each of the Company and the providers be liable for any damages arising out of the use or inability to use GoCart, including but not limited to any:
      • general damages;
      • special damages;
      • incidental damages; or
      • consequential damages,
      even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which any claim is based.
      In any case, the liability of the Company or any of the other persons or entities described in the preceding sentence arising out of the use or inability to use GoCart shall not exceed in the aggregate the lesser of $10.00 or the sum of any fees paid by you to use GoCart.