Terms of Service

This document contains the general terms and conditions on the basis of which the use of the Comcart^® srl website is offered to users.
The customer is required to carefully read the general conditions made available here, in order to allow their knowledge, storage and reproduction, in accordance with the law.

The website is an online information service provided by:
COMCART^® S.R.L.

Registered office at Via Matteotti, 43 – 47122 Gatteo (FC)

PEC address: comcart@legalmail.it
VAT NO. e C.F. 04412340400
Share Capital € 10.000 i.v.
R.E.A. No. FO-409620

By signing up for ComCart^® services, you agree to be bound by the following terms and conditions (“Terms of Service”). The services offered by ComCart^® under the Terms of Service include various products and services to help you sell goods and services to buyers. All services offered by ComCart^® are referred to in these Terms of Service as “Services.” Any new features or tools added to the current Services will be subject to the Terms of Service. You may review the updated version of the Terms of Service at any time. ComCart^® reserves the right to update and modify the Terms of Service by posting updates and changes to the ComCart^® website. We encourage you to check the Terms of Service occasionally for updates or changes that may be of interest to you.

You must read and agree to all of the terms and conditions contained in this Terms of Service Agreement, including ComCart^®‘s “Usage Policy” and Privacy Policy before becoming a user of ComCart^®

1. Account Terms

1.1 You must be at least eighteen (18) years of age or at least the age of majority in the country in which you reside or from which you use this Service.

1.2 In order to access and use the Services, you must register for a ComCart^® account (“Account”) by providing your full legal name, current address, telephone number, a valid email address, and any other information listed as required. ComCart^® may reject your request for an account or delete an existing account, for any reason, at our sole discretion.

1.3 You acknowledge that ComCart^® will use the email address you provide as your primary method of communication.

1.4 You are responsible for keeping your password secure. ComCart^® cannot and will not be liable for any loss or damage resulting from your failure to maintain the security of your Account and password.

1.5 You are responsible for all activities and content such as photos, images, videos, graphics, written content, audio files, code, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or displayed on or in connection with your Account (“Materials”).

1.6 A violation or breach of any term in the Terms of Service, including the Usage Policy, as specified in ComCart^®‘s sole discretion, will result in immediate termination of the Services.

WHAT IT MEANS

You are responsible for your account and any material you upload to the ComCart^® service. Remember that with any violation of these terms we will cancel your service.

If we need to contact you, we will send you an email.

2. Account activation

2.1 ComCart^® Account

2.1.1 The person who registers for the Service will be the contracting party (“Account Owner”) for purposes of our Terms of Service and will be the person authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

2.1.2 If you register for the Service on behalf of your employer, your employer will be the Account Owner; you represent and warrant that you have the authority to bind your employer to our Terms of Service.

3. General Conditions

3.1 The Terms of Service shall be governed by and construed in accordance with the laws of the Italian state. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the Court of Forli.

3.2 You acknowledge and agree that ComCart^® may amend these Terms of Service at any time by posting the revised and restated Terms of Service on ComCart^®‘s website; such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service have been posted on ComCart^®‘s website constitutes your acknowledgement and acceptance of the amended Terms of Service.

3.3 You acknowledge that you may not use the ComCart^® Service for any illegal or unauthorized purpose nor may you, in your use of the Service, violate any laws of your country or state of Italy (including, without limitation, copyright laws). You shall comply with all applicable laws, rules and regulations in your use of the Service.

3.4 You acknowledge that you may not reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service without the express written permission of ComCart^®.

3.5 You must not purchase search engines or other pay per click keywords (such as Google AdWords) or domain names that use trademarks, ComCart^® and/or variations and misspellings.

3.6 Questions about the Terms of Service should be sent to supporto@comcart.it.

3.7 You acknowledge that your Materials (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of the connecting networks or devices.

3.8 ou acknowledge and agree that your use of the Service, including information transmitted or stored by ComCart^®, is governed by its Privacy Policy.

3.9 The Terms of Service may be available in languages other than Italian. In the event of any inconsistency or conflict between these Terms of Service in Italian and ComCart^®‘s Terms of Service available in another language, the most current Italian version of the Terms of Service will prevail.

WHAT IT MEANS.

ComCart^®‘s service belongs to us. You are not allowed to use it for illegal purposes.

In case of a dispute, the court of reference is Forli.

Your materials may be transferred unencrypted and may be modified, but your credit card information is always encrypted.

4. ComCart^® Rights

4.1 We reserve the right to modify or terminate the Service for any reason, without notice at any time.

4.2 We reserve the right to refuse service to anyone, for any reason, at any time.

4.3 We may, but are under no obligation to, remove Materials and suspend or terminate Accounts if we determine, in our sole discretion, that goods or services offered through a store or Materials uploaded to or posted in a store violate our Usage Policy or these Terms of Service.

4.4 Verbal or written abuse of any kind against any ComCart^® customer, ComCart^® employee or contractor will result in immediate termination of the account.

4.5 ComCart^® does not pre-screen Materials and it is at our sole discretion to refuse or remove any Materials from the Service.

4.6 We reserve the right to provide our services to competitors and not to make promises of exclusivity in a particular market segment. You acknowledge and agree that ComCart^®‘s employees and professionals may also be ComCart^®‘s customers and may compete with you, although they may not use your confidential information.

4.7 In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, a photo ID, the last four digits of your archived credit card, etc.

4.8 ComCart^® reserves the right to determine, in our sole discretion, the rightful ownership of the account and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful owner of the Account, ComCart^® reserves the right to temporarily disable an Account until a resolution has been determined between the parties in dispute.

WHAT IT MEANS.

We may change, cancel or refuse service at any time.

In the event of an ownership dispute over a ComCart^® account, we may freeze the account or transfer it to the rightful owner.

5. Limitation of liability

5.1 You understand and expressly agree that ComCart^® shall not be liable for any direct, indirect damages, such as, but not limited to, damages for loss of profits, goodwill, data or other intangible losses arising out of your use of or inability to use the Service.

5.2 In no event will ComCart^® or our professionals be held liable for any lost profits or direct or indirect damages arising out of, or in connection with, our site, our services or these Terms of Service (however arising also from negligence). You further agree to indemnify (where applicable) ComCart^®‘s subsidiaries, affiliates, partners, officers, directors, agents, employees and suppliers from any claims, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the referenced documents (including the Usage Policy), or your violation of any law or the rights of a third party.

5.3 Your use of the Service is at your sole risk. The Service is provided “as is” and “as available” without any warranties or conditions, express, implied or statutory.

5.4 ComCart^® does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.5 ComCart^® does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

5.6 ComCart^® does not warrant that the quality of any product, service, information or other Material purchased or obtained by you through the Service will meet your expectations or that any errors in the Service will be corrected.

WHAT IT MEANS.

We are not responsible if you break the law, violate this Agreement, or go against the rights of third parties, especially if you are sued.

The Service is “as is” so it may contain errors or interruptions and we make no guarantees.

6. Waiver and full agreement

ComCart^®‘s waiver of any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The Terms of Service and the documents referred to therein constitute the entire agreement between you and ComCart^® and govern your use of the Service, superseding any prior agreements between you and ComCart^® (including, without limitation, any prior versions of the Terms of Service).

WHAT IT MEANS.

If ComCart^® chooses not to enforce any of these provisions at any time, that does not mean that it waives that right thereafter.

These Terms of Service constitute the agreement that applies. This means that any prior agreements between you and ComCart^® do not apply if they conflict with these terms.

7. Intellectual property and client content

7.1 We do not claim any rights to your Materials. All Materials you upload remain yours. You may remove your ComCart^® store at any time by deleting your account.

7.2 By uploading Materials, you agree (a) to allow other Internet users to view the Materials you post to your store; (b) to allow ComCart^® to store and, in the case of Materials you post, display your Materials; and (c) that ComCart^® may, at any time, reevaluate all Materials you upload, although ComCart^® is not obligated to do so.

7.3 You retain ownership over all Materials you upload to your ComCart^® store; however, by making your store public, you agree to allow others to view the Materials you post. You are responsible for ensuring that the Materials comply with any applicable laws or regulations.

7.4 We will not disclose your Confidential Information to third parties except when requested in the course of providing our services. Confidential information includes any Materials or information you provide that is not publicly known. Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) becomes public knowledge after we receive it through no fault of our own; (c) is received by parties other than you without breach of our confidentiality obligations; or (d) we are required by law to disclose.

7.5 ComCart^® shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

WHAT IT MEANS.

Everything you upload remains yours and your responsibility.

8. Cancellation and termination

8.1 You may cancel your Account at any time by sending an email to supporto@ComCart.com and following the specific instructions set forth in ComCart^®‘s response.

8.2 In the event of termination of the Services by either party for any reason:

a) ComCart^® will cease to provide the Services to you and you will no longer be able to access your Account;

b) unless otherwise specified in the Terms of Service, you will not be entitled to a refund of any fees or otherwise;

c) any balance due to ComCart^® for use of the Services until the effective date of such termination will become immediately due and payable in full;

d) your store website will be taken offline.

8.3 If you have purchased a domain name through ComCart^®, upon cancellation the domain will no longer be automatically renewed. After cancellation, it will be your responsibility to handle all matters related to the domain with the domain provider.

8.4 If on the date of termination of Service, there are outstanding fees from you, you will receive a final invoice via email.

8.5 We reserve the right to modify or suspend the ComCart^® Service or your Account for any reason, without notice at any time.

8.6 Fraud: Without limitation, ComCart^® may suspend or terminate your Account if we suspend or terminate your Account if we suspect that you (whether as a result of conviction, bond notice or otherwise) are engaged in fraudulent activity in connection with the Site.

WHAT IT MEANS

To cancel the store, send an e-mail to supporto@ComCart.it. ComCart^® will respond with specific information about the cancellation process for your account.

Once your cancellation is confirmed, domains purchased through ComCart^® will no longer be automatically renewed.

We can change or cancel your account at any time. In case of fraud we will suspend or cancel your account.

9. Third-party services

9.1 In addition to these Terms of Service, you also agree to be bound by the specific terms of service of any applicable additional services purchased from, or provided by, ComCart^®‘s partners or other third parties.

9.2 ComCart^® may, from time to time, recommend, provide access to, or enable third party software, applications (“Apps”), products, services or links to Web sites (hereinafter “Third Party Services”). Such Third Party Services are made available only as a convenience, and the purchase, access or use of such Third Party Services creates a relationship solely between you and the provider of such services (“Third Party Providers “). Any use by you of Third Party Services offered through the Services or ComCart^®‘s website is entirely at your own risk, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some cases, ComCart^® may receive a revenue sharing fee from third party vendors recommended by ComCart^®.

9.3 We make no warranties with respect to the Third Party Services. You acknowledge that ComCart^® has no control over Third Party Services and will not be responsible or liable to any third party for any such Services. The availability of Third Party Services on ComCart^®‘s websites, including ComCart^®‘s App Store, or the integration or enablement of such Third Party Services with ComCart^®‘s Services does not constitute or imply an endorsement, authorization, sponsorship or affiliation by or with ComCart^®. ComCart^® does not guarantee the availability of Third Party Services and you acknowledge that ComCart^® may disable access to Third Party Services at any time in its sole discretion and without notice. ComCart^® is not liable or responsible to any third party for any termination or suspension of access to or disabling of any Third Party Services. ComCart^® strongly recommends that you seek expert advice before using or relying on third-party services to ensure that they meet your individual needs.

9.4 If you install or enable a Third Party Service, you are granted permission to allow the Third Party Provider to access your data and take any other actions necessary for the joint operability of the Third Party Service with the Services Any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. ComCart^® is not responsible for any disclosure, modification or deletion of your data or other Materials, or any corresponding loss or damage, as a result of access by a Third Party Service or Third Party Provider to your data or other Materials.

9.5 Google Maps is a third party service that is used within the Services. Use of the Service is subject to acceptance of the Google Maps and Earth Enterprise Acceptable Use Policy, which may be modified by Google from time to time.

9.6 In no event shall ComCart^® be liable for any direct, indirect or other damages arising out of third party Services or contractual relationship with any Third Party Provider, including any Professional. These limitations apply even if ComCart^® has been advised of the possibility of such damages. The above limitations apply to the maximum extent permitted by applicable law.

WHAT IT MEANS

We are not responsible for third party services, so use them at your own risk. If you use third-party services on the ComCart^® platform, you authorize us to send your information to those services. If you use them, you agree that we do not provide a guarantee, so seek advice beforehand.

10. DMCA notice and removal procedure

ComCart^® supports the protection of intellectual property and asks ComCart^® merchants to do the same. It is our practice to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing on their intellectual property rights, they may send a DMCA notice to ComCart^®‘s designated agent using our form. Upon receipt of a DMCA notice, we may remove or disable access to Materials claimed to be copyright infringing. Once a removal notice is provided, the merchant may respond with a counter-notification using our form if they object to the claim. The original complainant has 14 business days after we receive a counter-notification to seek a court order preventing the merchant from engaging in the infringing activity, otherwise we will restore the material. For more information, see our DMCA notice and removal procedure.

WHAT IT MEANS

ComCart^® respects intellectual property rights and you should too. If we receive a DMCA notification, we may disable access or remove the allegedly infringing content from your website. If you do not believe the claim is valid, you may proceed with a counter-notification.

If you believe that one of our merchants is infringing on your intellectual property rights, you can send ComCart^® a DMCA notice. We will quickly disable access or remove the content and notify the merchant. Keep in mind that we publish all notices we receive.

11. Privacy and data protection

ComCart^® is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that ComCart^®‘s collection, use and disclosure of this personal information is governed by our Privacy Policy.

WHAT IT MEANS

ComCart^®‘s use and collection of personal information is governed by our Privacy Policy.

ComCart^® Usage Policy

ComCart^® is a commerce platform that provides the tools and technology for merchants to set up an online store and sell products and services on their own Web site. We believe that the free and open exchange of ideas and products is a key principle of commerce, but there are some activities that are incompatible with ComCart^®‘s mission of making commerce better for everyone. This Usage Policy describes prohibited activities in connection with the use of the Services.

The following activities are prohibited:

Child Exploitation: you may not offer goods or services or post or upload materials that exploit or abuse minors, including but not limited to images or depictions of child abuse or sexual abuse.

Harassment, bullying, defamation and threats: you may not offer goods or services, nor post or upload materials that harass, defame or threaten a specific person.

Hateful content: you may not offer goods or services, or post or upload materials that condone or promote violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition.

Illegal Activities: you may not offer goods or services, or post or upload materials that contravene or facilitate or promote activities that contravene the laws of the jurisdictions in which you operate or do business.

Intellectual Property: you may not offer goods or services, or post or upload materials that infringe on the copyrights or trademarks of others.

Malicious and deceptive practices: you may not use the Services to transmit malware or host phishing pages. You may not engage in activities or upload or distribute materials that damage or disrupt the operation of the Services or other infrastructure of ComCart^® or others, including ComCart^®‘s third-party vendors. You may not use the Services for deceptive trade practices or other illegal activities.

Personal and Confidential Information: you may not post or upload materials containing personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, personal ID numbers, or account passwords, to unless you have the consent of the person to whom the information belongs.

Restricted items: you may not offer goods or services that are or appear to be legally prohibited.

Self-injury: you may not offer goods or services or post or upload materials that promote self-injury.

Spam: you may not use the Services to transmit unsolicited commercial electronic messages.

Terrorist Organizations: you may not offer goods or services, or post or upload Materials, that imply or promote support or funding of or membership in a terrorist organization.

We may, at any time and without notice, remove any Materials, suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this Usage Policy, including activities outside of your use of the Services.

ComCart^® has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services, at any time to verify compliance with this Usage Policy and ComCart^®‘s Terms of Service, or any other agreement between you and ComCart^® governing your use of the Services (collectively, the “Terms”). Our decision as to whether a violation of this Usage Policy has occurred will be final and binding, and any action taken with respect to the enforcement of this Usage Policy including no action, will be in our sole discretion.

ComCart^® may amend this Usage Policy, including the list of Restricted Items, at any time by posting a revised version on its site. By continuing to use the Services or access your Account after a revised version of the Usage Policy has been posted, you agree to comply with the latest version of the Usage Policy. In the event of a conflict between the Usage Policy and Terms, this Usage Policy will take precedence, but only to the extent necessary to resolve such conflict. Capitalized terms used but not defined in this Usage Policy will have the meanings set forth in the Terms.