Terms of Use

DEFINITIONS

www.cubecart.com is owned and operated by CubeCart Limited of The Old School House, Great Munden, Ware, HERTS. SG11 1HQ (Company Registration Number 5323904).

The terms "CubeCart", "we", "us" and "our" when used in these Terms of Use means CubeCart Limited.

The terms "you" and "your" when used in these Terms of Use means any user of this website.

AGREEMENT

Access to and use of this website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THIS WEB SITE AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE, IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

ONLINE COMMERCE

CubeCart sells or licences a number of digital products and services through this website. Some products and services have a one time cost and others require a subscription. In addition, CubeCart offers this website as a market place, enabling third parties to offer, sell, license and purchase certain digital products in return for a fee (“CubeCart Extensions Marketplace”). Credit and debit card information is not stored anywhere on our servers or network in any form. Instead sensitive credit card data is sent over a secure socket layer encrypted connection between our server and payment service provider. None of our staff have access to any credit or debit card data sent over this secure connection, nor do they have access to any user PayPal accounts. We take every step possible to keep our servers and network as secure as possible.

CUBECART.COM AS A MARKET PLACE

CubeCart does not have control of the digital products listed, sold or licensed through the CubeCart Extensions Marketplace, and is not part of the transaction between buyers and sellers or licensees and licensors. The contract for sale is directly between the buyer and seller, and licenses are between the licensee and licensor. CubeCart acts as an agent to facilitate such transactions, and is paid a commission by the seller. CubeCart does not review users' listings or content. We do not have control over and do not guarantee the existence, quality, safety or legality of products advertised on the CubeCart Extensions Marketplace; the truth or accuracy of users’ content or listings; the right of sellers and licensors to sell or license products; or the ability of buyers or licensees to pay for products.

Sellers and licensors must have a payment method on file with CubeCart at all times. Sellers and licensors may change this payment method by contacting CubeCart. Where the seller or licensor is found at fault, we will notify the seller or licensor and charge the method of payment that the seller has on file.

CONDITIONS FOR LISTING PRODUCTS ON CUBECART EXTENSIONS MARKETPLACE

When listing a product, you agree that:

  • you are responsible for the accuracy, content and legality of the product listed and agree to list in accordance with the Prohibited Products Policy and the Rules for Listing Products;
  • your listing may not be immediately searchable by keyword or category for up to 24 hours. CubeCart does not guarantee exact listing durations;
  • content that violates any of CubeCart’s policies may be deleted at CubeCart’s sole CubeCart Extensions Marketplacediscretion;
  • where your listing appears in search and browse results may be based on certain factors such as listing format, title, keywords, and price;
  • you warrant that the product(s) you list do not infringe any third party intellectual property rights, and you agreed to hold harmless and indemnify CubeCart against all claims, damages, losses, costs and expenses (including legal fees) incurred by CubeCart in respect of any claims that the products infringe a third party’s intellectual property rights.

CONDITIONS FOR PURCHASING PRODUCTS ON CUBECART EXTENSIONS MARKETPLACE

When purchasing a product, you agree to comply with the rules for buyers and that:

  • you are responsible for reading the full product listing before making a commitment to buy;
  • you enter into a legally binding contract to purchase a product when you commit to buy a product;
  • you acknowledge that your contract is with the seller or licensor and not with CubeCart.

PROVIDING CONTENT FOR CUBECART EXTENSIONS MARKETPLACE

When providing us with content for the CubeCart Extension Marketplace, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.

MINORS

This website is a business and commercial site. As such, it is not intended for use by children or minors.

CUBECART’S OWN PRODUCTS & SERVICES

Nothing in this website constitutes an offer by CubeCart to sell our products or services in any jurisdiction.

OWNERSHIP

Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of CubeCart or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any such elements on this website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this website. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

TRADEMARKS

The CubeCart logo, product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, except the Third Party Marks (defined below), are service marks, trademarks (whether registered or not) and/or trade dress of CubeCart (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

If you wish to display your trademark, service mark or logo on the CubeCart Extensions Marketplace (“Third Party Marks”), you agree to hold harmless and indemnify CubeCart against all claims, damages, losses, costs and expenses (including legal fees) incurred by CubeCart in respect of any claims that the Third Party Marks infringe a third party’s intellectual property rights.

HYPERLINK DISCLAIMER

This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-CubeCart website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

LINKS FROM OTHER WEBSITES

We hereby give authorisation to link to this website. Such authorisation is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website at any time and for any reason. Persons providing access to this website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning CubeCart. Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

DATA PROTECTION CONSENT

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose. Posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of your use of this website will be handled in accordance with our Privacy Policy.

NO WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

The information and all other materials on this website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

YOUR OBLIGATIONS

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this website.

In consideration of your use of the website, you agree to provide true, accurate, current and complete information about yourself. You agree to use the website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website (including any information, materials, products or services available through this website).

MODIFICATION AND DISCONTINUATION

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.

LIABILITY

We do our best to ensure that this website and the services we provide are safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services.

We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses arising, directly or indirectly from:

  • your use of or your inability to use our services;
  • delays or disruptions in our services;
  • viruses or other malicious software obtained by accessing, or linking to, our services;
  • glitches, bugs, errors, or inaccuracies of any kind in our services;
  • damage to your hardware device from the use of any CubeCart service;
  • the content, actions, or inactions of third parties, including products listed using the CubeCart Extensions Marketplace;
  • the duration or manner in which your listings appear in search results; or
  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these Terms of Use or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any products you list on this website. CubeCart cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of the purported identities of sellers on CubeCart Extensions Marketplace or the validity of the information which they provide to us or post on this website.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute or (b) £100.

Nothing in these Terms of Use shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

If you have a dispute with one or more users of CubeCart Extensions Marketplace, you release us (and our officers, directors, employees and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

ENTIRE UNDERSTANDING, SEVERANCE AND WAIVER

These Terms of Use (together with our Privacy Policy) contain the entire understanding between you and us with respect to use of this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. However, our standard Product Terms and Shrink Wrap Software Licence shall apply in relation to purchase of any products and/or services from this website. Should any part of these Terms of Use for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

LAW & JURISDICTION

These Terms of Use are made under English law and this website is operated from England. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information, products or services available through this website are appropriate or available for use, sale or purchase in other locations outside England.

You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this website, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

CONTACTING US

If you have any questions regarding these Terms of Use or any other matter, please contact us.