www.cubecart.com is owned and operated by CubeCart Limited of 63 Heron Road, Northstowe, CAMBRIDGE. CB24 1AS (Company Registration Number 5323904).
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.
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 AS A HOSTED ECOMMERCE SOLUTION
By registering and utilising our hosted ecommerce services you agree to the following terms and conditions outlined in this document which is effective as of the date you purchase services from us. This agreement sets forth the terms and conditions of your use of our hosted ecommerce services otherwise known as "CubeCart Hosted" (collectively, the "Services") and represents the entire agreement between you and us relating to the Services.
By purchasing the Services, you acknowledge and agree that you have read and understand to be bound by all the terms and conditions of this agreement, along with any new, different or additional terms, conditions or policies that we may establish and post on its website from time to time.
- We reserve the right to decline services and goods to the customer.
- We reserve the right to perform notified maintenance on all services provided to the customer and wherever possible will provide advance notice of such maintenance.
- The customer must ensure they provide us with a valid name, address and email contact address. The customer must inform us of any change in their contact details within three days of any changes.
- The customer must ensure their usage of the service provided by us is within the guidelines set out in the CubeCart Limited Acceptable Usage Policy or AUP.
- Unless otherwise stated our service is unmanaged.
- Any problems caused by the customer to service, (which include, but are not limited to, deletion of necessary operating system files, accidental or intentional infection by a virus/Trojan) may result in extra charges to the customer if not subscribed to a managed support plan.
- We have the right to relocate the customer account to a new server for reasons decided by us. The customer will be conatcted to be made aware of any potential downtime.
- "Multiple Stores" are definded as stores owned and operated by the account holder. This means that the account holder must be present in the Whois information for the domain or against an official regulatory body such as companies house in the UK.
Payment and Termination
- The Customer shall pay the charges for the services set out when signing up for the services on the order form.
- The customer is entering a monthly, quartlerly or annual rolling contract unless specified in an additional service agreement between ourselves and the customer.
- The customer shall provide no less than three days cancellation notice before their billing anniversary date. The customer will provide this notification via email to [email protected] or by means of a cancellation support ticket via our helpdesk.
- We shall be entitled to thirty days before and at any time after the expiry of the service term to increase service charges for a service upon thirty days written notice to the customer.
- We reserve the right to suspend and/or disconnect any services for a customer with invoices that have not been paid by their due date.
- We reserve the right to prohibit the customer access to their data if the customer has overdue invoices.
- All sums due to us are inclusive of value added tax and any other applicable sales tax or duty which shall be invoiced and payable at the then prevailing local rate.
- The customer hereby acknowledges and agrees that its obligations to pay all amounts and charges due hereunder, and the rights of us to such payments shall be absolute, unconditional and irrevocable and shall not be affected by any circumstances of any character, including, without limitation, any set-off, abatement, counterclaim, suspension, recoupment, reductions, rescission, defence or other right or claim that customer may have against us.
- Upon cancellation of service we will not be able to provide the customer with any refund for services which have been provisioned to the customer.
- The customer shall submit any billing disputes to us no later than three days of an invoice due date.
- Customers will be notified by email when they reach eighty percent of their monthly data transfer allowance.
- Customers that exceed their monthly data transfer limit will have the option to upgrade their service. If the service is not upgraded we have the right to suspend the account.
- We, at our sole discretion and without prejudice to any right which it might have to terminate this agreement or a service, elect to suspend forthwith provision of any service until further notice in the event that: a) we are entitled to terminate this agreement or such service; or b) we are obliged to comply with an order, instruction or request of government, an emergency service organisation or other competent administrative authority which affects its ability to provide the service.
- We may from time to time suspend a service in accordance with any applicable SLA to carry out any necessary maintenance work to the network or the service equipment.
- In the event the suspension is implemented as a consequence of the breach, fault, act or omission of the customer, the customer shall pay us all reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the service and we reserve the right to recover any other losses suffered as a result of such breach, fault, act or omission.
- We shall not be liable for any loss, damage or inconvenience suffered by the customer as a result of any suspension pursuant to clause 3.1 save where the circumstances set out in clause 3.1 are solely attributable to the negligence by us.
- Any communications between us and the customer are strictly confidential. Disclosure of telephone calls, quotations, support tickets or email communication between the parties to media organisations, other businesses, discussion forums or any other third parties is strictly prohibited and may result in immediate service suspension.
The customer agrees to fully indemnify and keep CubeCart Limited, its subsidiaries,
affiliates, officers, partners, employees and agents fully indemnified from and against all actions,
demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses
(including but not limited to legal fees) whatsoever incurred by it or them and arising from any of
- The customers breach of the contract and/or this agreement or its negligence or other act, omission or default;
- The operation or break down of any equipment or software owned or used by the customer but not the hardware and/or software;
- The customers use or misuse of the services;
- The customer infringing (whether innocently or knowingly) third party rights (including without limit IPRs).
- The customer agrees to fully indemnify and keep CubeCart Limited, its subsidiaries, affiliates, officers, partners, employees and agents fully indemnified from and against all actions, demands, costs (on a full indemnity basis), losses, penalties, damages, liability, claims and expenses (including but not limited to legal fees) whatsoever incurred by it or them and arising from any of the following:
- The customer acknowledges that the allocation of risk in the contract reflects the price paid for the services, hardware and software and that it is not always within the control of CubeCart how or for what purposes they are used. If any exclusion or limit of liability in the contract is held to be invalid and Uwe become liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by the customer for the services.
- We shall have no liability to the customer for any loss arising from any material, data or instructions supplied whether digitally or otherwise by the customer or on its behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by the customer or on its behalf. No action, claim or demand arising out of or in connection with the contract or this agreement may be brought by the customer against us more than one year after the cause of action has occurred.
- We are not responsible for any delay, malfunction, non-performance and/or other degradation of performance of any of the services, hardware or software caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the customer whether or not beyond those already supplied.
Neither us nor anyone else who has been involved in the creation,
production or supply of the services, hardware or software shall be liable to the customer or any
other person for any loss in contract, tort (including negligence or breach of statutory duty) or
otherwise howsoever and whatever the cause thereof by reason of or in connection with this
agreement, the contract or the services, hardware or software for any:
- economic loss of any kind whatsoever, or
- loss of profit, data, business contracts, revenues or anticipated savings, or
- damage to the customer's reputation or goodwill, or
- loss resulting from any claim made by any third party, or
- special, indirect or consequential loss or damage of any nature whatsoever. The customer shall indemnify us from and against any claim which may be made against us in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to the customer.
Uptime Guarantee and Service Level Agreement (SLA)
"Uptime" refers to the amount of time the Services are available, as measured solely and only by CubeCart Limited internal monitoring systems. "Downtime" refers to the amount of time the Services are unavailable, as measured solely and only by CubeCart Limited internal monitoring systems.
- CubeCart guarantees that its networking and connectivity services will be
available 100% of the time. In the event such level of service is not provided, we will credit the customer’s account in an amount as determined in the chart below, reflecting
credit percentages of the monthly fees paid for the services, but not payments made for any of the
following products and services which are
unrelated to uptime.
99.1% to 99.9% will result in a credit of 5%
98% to 99% will result in a credit of 10%
95% to 97.9% will result in a credit of 25%
90% to 94.9% will result in a credit of 50%
89% or below will result in a credit of 100%
- The customer must request a credit by emailing [email protected] The email must include the dates and times of the downtime and the store name(s) which experienced the downtime. The request must be received by us within ten business days after the incident of downtime. If the unavailability is confirmed a credit will be applied to the customer’s account within thirty days of receipt of the customer’s credit request.
- The total amount credited to the customer in a particular month under this agreement shall not exceed the total amount of fees paid by the customer for such month for the affected services. Credits are exclusive of any applicable taxes charged to the customer or collected by us.
The provisions of the agreement pertaining to Force Majeure are unaffected by these terms
referring to uptime guarantee. Moreover, downtime caused by any of the following shall not result
in any obligation by us to provide credit to you:
- Emergency maintenance.
- Scheduled maintenance.
- System upgrades.
- Domain name system (DNS) problems outside of our control.
- Issues with SFTP customer access.
- Acts or omissions by you or any of your employees or agents, resulting in downtime.
- Any negligence, willful misconduct, or use of the services in breach of our Acceptable Use Policy.
- Problems with users' web browsers, DNS, or other caching that might make it appear the services are unavailable even though others can still access our servers.
- CubeCart guarantees that its networking and connectivity services will be available 100% of the time. In the event such level of service is not provided, we will credit the customer’s account in an amount as determined in the chart below, reflecting credit percentages of the monthly fees paid for the services, but not payments made for any of the following products and services which are unrelated to uptime.
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.
- your extensions must not be listed elsewhere for a lower price.
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.
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.
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.
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.
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
DATA PROTECTION CONSENT
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.
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.
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.
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.
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
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.
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
LAW & JURISDICTION
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.