Terms and Conditions

Welcome to HiCart.com. We’re happy to do business with you, but first, read our Terms and Conditions carefully and all further linked information to understand our policies and procedures.

This document represents our Terms and Conditions, which govern your membership on and use of HiCart.com, the “Site,” and your purchasing, selling, and use of products through the Site. By accepting these terms and conditions (including the linked information herein), and by using the Site, you consent to follow and be bound by these conditions.  This agreement is effective upon acceptance. If you do not accept to follow these Terms and Conditions, please do not access, register with, or use this Site.

By registering on the Site or purchasing or selling products through the Site, you acknowledge and agree to the following terms:

Eligibility for Membership

All members on HiCart.com should be able to form legally binding contracts. Therefore, by using the Site and accepting our Terms and Conditions, you acknowledge that you are at least 18 years of age before you became a member of the Site. We reserve the right to limit or withdraw access to the Site for any member should HiCart.com believe that member to be under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by HiCart.com. If you are registering as a business/corporate entity, you acknowledge that you have the authority to bind that entity by these Terms and Conditions and that you and the business/corporate entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

Your Account and Registration Obligations

Establishing a Membership

When you register as a member on the Site, you are required to:

• Indicate agreement to these Terms and Conditions
• Provide true, accurate, and complete contact information and identification details
• Submit any form of authentication as required by HiCart.com as part of the registration process
• Avoid including: (1) any of your contact details, such as your email addresses, telephone numbers, or any other personal details; and (2) the word “HiCart” in your registration user ID.
• Avoid including the word “HiCart” or any of its derivatives in your store name

Use of Membership

HiCart.com is not liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure or misuse of your username and/or password. By becoming a member on the Site, you consent, warrant, and acknowledge that you will:

• Accept responsibility for all activities that occur under your account or password
• Maintain the confidentiality of your account and password
• Restrict access to and use of your account
• Notify HiCart.com immediately of any unauthorized use of your account or any breach of security
• Never use another member’s account at any time, without the express permission of the account holder
• Never disclose your contact details including but not limited to phone numbers, addresses, or email addresses in commerce or listing processes, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature of the Site intended to bypass use of HiCart.com
• Never use another user’s data for any purpose other than fulfilling a relevant transaction resulting from selling item(s) on the Site
• Reimburse HiCart.com for any improper, unauthorized, or illegal use of your account by you or by any person obtaining access to the Site through your designated username and password, regardless whether you authorized such access or not
• Treat any other member’s information provided to you by HiCart.com or any other user as strictly confidential
• Regularly update the registration data to keep it true, accurate, up-to-date, and complete. If you provide any information that is false, inaccurate, not current or incomplete or if HiCart.com believes that such information is false, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions, HiCart.com reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site. HiCart.com may, in its sole discretion and at any time, make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to HiCart.com upon such requests. You acknowledge and agree that if you do not, HiCart.com, may, without liability, limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed/unverified accounts or accounts that have been inactive for a long time.
• Never engage in false or fraudulent activity in connection with the use of the Site. You acknowledge and consent that HiCart.com may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you are found to have engaged in false or fraudulent activity in connection with the use of the Site.
• Never transfer your Site account (including feedback) and username to another party without our explicit consent.
• Never engage in the purchase of a product you are not legally entitled to purchase for example in the purchase of alcohol.  in such case HiCart reserves the right, at its sole discretion and without any liability from any kind whatsoever, to refuse service, terminate accounts, remove or edit content, or cancel orders.

Listing and Selling Items

Listing Items for Sale

As a registered member of the Site, you may list item(s) for sale on the Site. By doing so, you acknowledge and represent that you are the sole and exclusive legal and beneficial owner of any and all items of any description that you list for sale on the Site and you have the full right and authority to use such items for trade.

When listing items, you may only include text descriptions, graphics and pictures that describe your item for sale accurately. The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer.

All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Site other than in your registration data is expressly prohibited and would constitute a breach of these Terms & Conditions. You agree not to list a single item multiple times across various categories on the Site. You acknowledge and agree that HiCart.com has the right to delete such multiple listings of the same item.

You will also acknowledge, warrant, and consent never to do the following under any circumstance:

• post information or content or list items in an inappropriate section on the Site
• post information that is (as determined in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be considered as constituting harassment
• post comments, questions or answers that are not factual 
• make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments
• post counterfeit or stolen items
• post information or items which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;
• post obscene information or content, including, but not limited to, pornography or any representation which may (as determined in our sole discretion) be considered indecent
• post information or content which may (as determined in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest
• post any information or content or list items which may (as determined in our sole discretion) be considered culturally or religiously offensive in any way
• post information or content or list items which may (as determined in our sole discretion) threaten national security
• post information or content or list items which may (as determined in our sole discretion) constitute or be considered to promote gambling
• use “keyword spamming” in listing items for sale (i.e. when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing)

By agreeing to these Terms and Conditions, you undertake that you will inform HiCart.com of any postings, items or transactions which appear to be in violation of this User Agreement.

Selling an Item

When a buyer purchases an item from you, you consent to deliver such items immediately, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity. You acknowledge and consent never to conduct any of the following activities related to your commerce activities on or through the Site:

• use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website
• claim an item was not sold when HiCart.com has determined in its sole discretion that the item was sold in accordance with these Terms & Conditions and the Site’s policies
• manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users)
• circumvent or manipulate our fee structure, the billing process, or fees owed to HiCart.com
• take any action that may undermine the Site’s feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to HiCart.com)
• use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website
• collect information about users, including but not limited to email addresses and other contact information
• disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (as determined in our sole discretion) may constitute a breach of privacy and/or applicable laws.

Prohibited Items for Sale

You are, under no circumstance, to directly or indirectly offer, attempt to offer, trade in, attempt to trade in, or include descriptions or links to any of the following items on or through the Site:

• securities, including shares, bonds, debentures, or any other financial instruments or assets of any description
• living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including but not limited to rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws
• weapons of any description
• drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances
• any item which is likely to affect the religious sentiments of any person
• antiquities and art treasures as defined in applicable laws pertaining to antiquities and national treasures
• used cellular phone SIM Cards, except if the transaction is in accordance with the local operators’ rules pertaining to transfer of ownership of the same
• items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health
• fresh food or any other types of food
• non-transferable vouchers
• chemicals

Listings Policy for Perfumes

Tester perfumes (which are usually bottles from which small quantities of perfume that can be taken for supply to consumers as free samples) are not permitted to be listed or sold on the Site. Any perfume with one or all of the following shall be considered to be a “Tester Perfume”:

• Comes from the original Manufacturer/ Brand as a tester (for testing, B2B sales or point of sale item) by the original designer of the perfume.
• Has a different packaging from the standard consumer packaging (usually testers come in plain box).
• The perfume comes without the bottle’s “Cap” inside the package.
• Some tester perfumes have the word “tester” or “demonstration” written on the bottle.
• Package labeled as “Not for Sale”.

Make sure your perfume listing follows the above. If it doesn’t, your listing may be removed immediately without prior notice and you may be subject to a range of other actions, including restrictions of your buying and selling items and suspension of your account.

Submitted Content

By submitting content to HiCart.com you automatically consent to granting HiCart.com an irrevocable, worldwide, royalty free license to use, publish, display, modify, distribute and syndicate your content worldwide. HiCart.com does not claim any ownership of your content but we have your permission to use it for the purpose of operating and promoting the Site. You confirm and warrant that you have the requisite authority to grant the above license to HiCart.com.

Use of the Site

By using the Site or any of its features and services, you acknowledge, represent, warrant, and consent to comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site. You also acknowledge and consent never to conduct any of the following activities:

• Harm our systems. You agree not to interfere with or try to disrupt the Site or the interests or property of the Site’s users by doing activities such as, but not limited to, distributing a virus or other harmful computer code, unsolicited or bulk electronic communications, chain letters, and pyramid schemes.
• Create liability for us or cause us to lose (in whole or in part) our services or the services of other suppliers
• Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
• Interfere or attempt to interfere with the proper working of the Site
• Attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features
• Export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions
• Copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way
• Violate any laws, rules, regulations, guidelines, third party rights or our policies;
• Abuse HiCart.com’s policies or terms and conditions posted on the Site

Electronic Communications

When you use HiCart.com, you consent to receive communications from us electronically, including, but not limited to, emails, texts messages, messages on and through the Site. You can retain copies of these communications for your records and you agree that all legal documents and communication that we provide to you electronically satisfy any legal requirement that such communications be in writing. HiCart.com will ask for your agreement during the registration process to send you promotional emails that let you know about new changes, features, or promotions on the Site. If at any time you decide you do not wish to receive such promotional emails, you can opt out of receiving such emails by clicking on the link at the bottom of any promotional email sent by us.

Fees and Services

Membership on the Site is free. HiCart.com does not charge any fee for browsing, selling, and buying listed items on the Site. HiCart.com charges transaction fees to all sellers when their item is successfully sold on the Site, listing fees for classifieds and special listing fees to sellers who use the special listing feature for listing their items.

Sellers must pay all fees due and payable to HiCart.com after a successful sale and in the case that a buyer does not complete the transaction; the seller may seek a refund of the relevant transaction fees from HiCart.com by submitting an online no-sale claim.

All seller dues & payables (processing fees, commissions, and return fees, others…) to Hi Cart will be deducted from the amounts collected on behalf of the Sellers after a successful sale transaction.

HiCart.com reserves the right to amend the fees at any time with immediate effect by posting the changes on the Site. We strongly recommend you to review the fees that you will be charged before you list an item for sale on the Site

HiCart.com may decide to temporarily modify the fees for promotional purposes, such as free shipping days or launching new services, and such temporary modifications are effective immediately when we post them on the Site.

HiCart.com reserves the right to do the following without liability in case of non-payment of fees and/or any applicable taxes and charges by you to HiCart.com:

• issue you a warning regarding the non-payment in question
• take any necessary steps including legal action in case of non-payment of fees by you to HiCart.com to recover the outstanding fees and/or any applicable taxes and charges
• deduct the amount owed from your account balance for accounts over 30 days past due, (and you acknowledge and agree to HiCart.com doing so in these circumstances) and confirm the same to you by email

Payment by Buyers

HiCart.com offers buyers the option to pay for items on the Site either online or through Cash On Delivery (“COD”) or any other payment methods made available on the Site at the time of posting these Terms.

HiCart.com merely facilitates the payments by buyers but HiCart.com is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and HiCart.com is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does HiCart.com have any fiduciary duty to any user. You acknowledge and agree that HiCart.com will hold your funds at your own risk.

Copyright

All content posted on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of HiCart.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of HiCart.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

Trademarks

The name HiCart and the other Hicart phrases, logos, and related designs that we use in connection with our services are either registered or unregistered trademarks of HiCart.com and are protected by international trademark and other intellectual property rights and laws. HiCart.com’s trademarks may not be used in connection with any product or service that is not owned by HiCart.com or in any manner that may harm HiCart.com. All other trademarks not owned by HiCart.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HiCart.com.

Buyer Protection

Users who shop at HiCart.com receive full or partial refunds if the item is not as described by the Seller or if they don’t receive their item. This guarantee is offered by HiCart.com to ensure buyers that their purchase is protected against fraud by any seller on the Site.

If a buyer has purchased an item through HiCart.com and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer will be reimbursed by HiCart.com the value of the item only. To be eligible for a buyer protection, the buyer needs to file a complaint with HiCart.com within three days of the initial date of delivery if the item hasn’t been received, or within three days from the effective receiving date of the relevant item. HiCart.com will investigate the matter and if it has been determined (in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which HiCart.com has reimbursed the buyer, HiCart.com may limit, suspend or withdraw the seller’s access to the Site and/or the seller’s membership and HiCart.com will charge the seller for HiCart.com’s costs in reimbursing the buyer and for any handling and shipping. HiCart.com reserves the right to take such further steps as it considers necessary, including, but not limited to, legal action. You acknowledge and agree that if any item returned to HiCart.com by a buyer is fraudulent or unlawful, then HiCart.com may in its sole discretion destroy the item or take any other steps as it considers necessary

Shipping Fees for Returned Items
The following section summarizes HiCart.com’s policy for charging shipping fees for returned items:

In case the returned item is due to the seller’s fault, and the buyer claimed to return it within three days of receiving the item, then the seller will be responsible for the delivery and return shipment fees. If the buyer in such a case claimed an item for return after the 3 days of the date of delivery and the return request is approved, then the buyer will pay the delivery shipment and return shipment.

HiCart.com and the seller will share the return shipment fees if the return is related to a buyer’s fault, on condition that the buyer claimed for a return within 3 days of the date of delivery. If the buyer did the claim after the 3 days have passed, then the buyer will be responsible for both the delivery shipment fees and the return shipment fees, provided that that the request claim is approved.

Return Policy for Gifts

In case the product received was a gift from another HiCart user, the gift receiver can request the return of such gift within 3 days of receiving it by contacting HiCart on HiCart’s contact details mentioned on the delivery receipt. If the return is accepted based on the return conditions mentioned below, the amount will be credited to the HiCart account of the gift receiver. If the gift receiver doesn’t have a HiCart account, they will need to create one. The amount cannot be claimed in cash nor credited to a card. Delivery fees will be deducted from the gift value upon return. The returning shipping fees will be borne equally by HiCart and the seller

Return Policy for Gift Cards

Gift cards can’t be returned nor can be used to purchase other gift cards on HiCart.

Return Policy for Card Payments

In the event you have settled by card, the price of the purchased item(s) and wish to issue a return order within 3 days of receiving the item(s), the price of such returned item(s) shall be returned to your bank account provided that the request claim is approved. The buyer will cover the delivery fee while the returning shipping fees will be borne equally by HiCart and the seller. However, bear in mind that the amount may take time to reflect in your card statement, depending on your card provider.

Return Policy for Cash Payments

In the event you have settled by cash the price of the purchased item(s) and wish to issue a return order within 3 days of receiving the item(s), the price of such returned item(s) excluding the delivery fees shall be credited to your wallet on your HiCart account within a period of one (1) week from the collection date and subject to the compliance of the returned item to the return conditions. You shall have a period of one week starting the return collection date during which you can, either use the amount to execute other purchase(s) on the Site, or request for its refund. In such case, HiCart shall reimburse within a period of two (2) weeks following your request the said amount to you at the end of the above-mentioned period and in cash. The cash amount shall be collected from HiCart offices exclusively.The return fee will borne equally between HiCart and the seller.

Return Policy for Promotional Items

Products purchased on sales, during a clearance or with a special offer are subject to the return policy of the merchant on HiCart.

Gift Card Terms & Conditions:

• Gift Card is redeemable towards items sold on HiCart exclusively.
• In order to use the gift card, you must have or create a free HiCart account.
• Gift cards are valid for 12 months from date of receipt.
• If your total order is less than the value of the Gift Card, the remaining amount will remain in your gift card balance to be used in following purchases.
• Gift Cards may not be returned, refunded, redeemed for cash nor used to purchase other Gift Cards.
• HiCart shall not bear any liability in case the Gift Card has been lost, stolen, destroyed or used by third parties without permission of the card owner.
• HiCart reserves the right to void and cancel Gift Cards if a Gift Card is suspected to be obtained, used, or applied to an HiCart account fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
• The Gift Card holder shall not have the right to claim at any circumstances, and for any reason whatsoever, any indemnity, whether moral or material, from HiCart SAL or any sister company, related to the Gift Card.

Return Policy for Undelivered items

In the event your order has not yet been delivered and you wish to cancel items in your order, a cancelation will be granted if the items have not yet been assigned to our drivers. To proceed with canceling the order, click the “Cancel” button for the specific items you wish to cancel complete the cancelation process on your order details page. In this case, you will receive a full refund along with any shipping fees applied and will not be penalized. Refund will be implemented depending on the policy for the payment method applied.

In case your order has not yet been delivered but the delivery has been assigned to our drivers, the “Cancel” button will be deactivated and you will only be able to access the “Return” button. In this case the regular return policy would apply and the return fee will borne equally between HiCart and the seller.

Return Conditions

• Return requests should be made within 3 (three) days from receiving the item.
• Item should be in the same condition you received it. If you use or damage it, it can no longer be returned. In case you ordered a product and requested a return and the product was found to be damaged, you will bear all delivery and return fees associated with this product.
• If the item is an innerwear, lingerie, chocolates, flowers, cigars, socks, stockings, tights, software, music album, books, swimwear, gift card, perfume coffret, mascara, eyeliner, nail polish, lip gloss, greeting cards, headpieces, hair care products (shampoo, serum, conditioner, masks, gel), eye lashes, eye lenses and eye serums, candles or fragrances, then the item is not eligible for return.
• If the defective product can be covered under the manufacturer’s warranty, then the item cannot be refunded. Instead, you can arrange to get the item fixed or replaced.
• The item should not be tampered with and should not have missing serial numbers, otherwise it will no longer be qualified for a refund.
• Make sure the package has no missing items, including price tags, labels, original packing, freebies, and accessories.
• The original package of any item should not be opened and should remain sealed.

Undeliverable Items

HiCart.com has the right to process as it deems appropriate any of the sellers’ items returned from the buyers, whether because of a failed delivery or because buyers have claimed for a return, within 30 days after receipt from the courier company that we have assigned for delivering items, provided that the seller has been notified of the said return of the items and in the event that the seller did not arrange for the pickup of these returned items from our Hicart warehouse. By agreeing to these Terms and Conditions, you explicitly authorize HiCart.com to dispose of and/or liquidate any of the items described in this section and shall be without any objection from the sellers and without any liability to HiCart.com. You also expressly authorize HiCart.com to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the seller.

Unreturnable Products

HiCart.com has the right to process as it deems appropriate any items returned from the buyers, after a period of 30 days from the return date provided that the customer has been notified of the status of the return and in the event that the customer did not accept to receive the returned items. By agreeing to these Terms and conditions, you explicitly authorize HiCart to dispose of and/or liquidate any undesired items without any objection and any liability to HiCart.

Return Policy for Repeated Returns

We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.

Coupon Code Terms & Conditions

• Code is valid for a one time use. The Code applies only to items purchased in a single order;
• Code is limited to one customer and account;
• Each promotional Code applies only to qualifying items;
• Code will expire depending on the set Code expiration date;
• Code is non-transferrable and may not be resold;
• Products purchased using a promotional Code are subject to our return policy, however the amount paid will be refunded to your wallet;
• Shipping charges and taxes may apply to the full value of your order.
• HiCart shall not bear any liability in case the Code has been lost, stolen, destroyed or used by third party without permission of the Coupon owner.
• HiCart reserves the right to void and cancel the Coupon if it is suspected to be obtained, used, or applied to a HiCart account fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
• The Coupon’s holder shall not have the right to claim at any circumstances, and for any reason whatsoever, any indemnity, whether moral or material, from HiCart SAL or any sister company, related to the Coupon Code.

Disclaimer

The Site is only a platform where users may interact with one another for their transactions. The Site is not and cannot be a party to or control in any manner any transaction between two users of the Site. The Site does not provide any guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold HiCart.com responsible for other users’ content, actions, or inactions, or items or information they list or post. By agreeing to these Terms and Conditions, you acknowledge and consent to the following conditions:

• HiCart.com is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with HiCart.com nor shall HiCart.com have any obligations or liabilities in respect of such item or the contract between the buyer and seller.
• HiCart.com is not responsible for any unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
• HiCart.com is not required to resolve any dispute or disagreement between users.
• HiCart.com has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items.
• HiCart.com does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, HiCart.com does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is HiCart.com a supplier or manufacturer of any items sold by users or purchased by users.
• HiCart.com does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
• The Site may include links to third party websites that are controlled by and maintained by others. HiCart.com cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that HiCart.com is not responsible for the content or availability of any such sites.
• Users shall independently agree upon the manner and terms and conditions of delivery, payment, and insurance as between each other and HiCart.com holds no responsibility in respect of such arrangements.
• HiCart.com accepts no liability for any errors or omissions, on behalf of third parties.
• HiCart.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
• You release and indemnify HiCart.com and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this respect under any applicable law.

Privacy

The Privacy Policy terms pertaining to HiCart.com’s collection, use, disclosure, and other processing of information related to the user is described in detail in our Privacy Policy. You consent to any information we may obtain about you, whether via the Site, email, telephone, or by other means, being collected, stored, and processed in accordance with the terms of the Privacy Policy. HiCart.com reserves the right to update its Privacy Policy at any time, in its sole discretion, effective immediately upon being posted on the Site. 

Privacy Policy

At HiCart, we are strongly committed to protecting your privacy. Please read this Privacy Policy to understand how we collect and process your personal data.

Introduction

This privacy policy is part of HiCart’s (“The Site”) Terms and Conditions and covers the Site’s use of the information (“Personal Data”) we collect when you access the Site. By using the Site and giving us your Personal Data, you expressly acknowledge that you consent to our way of processing your Personal Data as described in this Privacy Policy.

Privacy Policy Changes

We may amend this Privacy Policy by posting a revised version on the Site. All the terms in the updated version shall become effective immediately upon posting to the Site. By continuing to use the Site, you expressly agree that we continue to process your Personal Data as stated in the revised Privacy Policy.

Information We Collect

Personally identifiable information

In order for you to buy or sell items on HiCart.com, you will have to register on the Site by creating a user account which requires you to submit certain personally identifiable information. Personally identifiable information may include, but are not limited to, your name, shipping address, email address, telephone number, date of birth, and other similar identifiable information. Additionally, in order for us to verify your identity, we may require you to provide us with a valid proof of identification in the form of a copy of your passport, resident’s visa or permit, national ID, driver’s license, or others. 

Financial information

We will also ask you to fill your credit card and/or bank account details in the “My Account” section of the Site, which we would require for billing purposes and to fulfill your orders. After you complete your registration on the Site, you should not post any personal or financial information anywhere on the Site other than on the My Account section of the Site. Restricting the posting of personal information to the My Account section of the Site protects you from fraud or identity theft.

Transactional information

We will collect transactional information based on your buying and selling activities using the Site. The transactional information we collect is used solely in relation to the transactions you undertake on the Site and for no other reasons.

Device-related information

We may use your Internet protocol (or IP) address to analyze user trends and improve the administration of the Site. We may also collect information on the way you use your device to browse the Site, such as the browser type you use to access the Site, your navigation on the Site, your time spent on the Site, and other similar information.

Other information

In addition to the information listed above, we may collect other information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey. 

We may also collect feedback ratings and other comments relating to your use of the Site. 

When we aggregate personal information for statistical purposes, such aggregated personal information shall be anonymized.

Processing the Information Collected

The type of information described in the “Information We Collect” section in this Privacy Policy are collectively called Personal Data. We only use your Personal Data for the following reasons:

1. To offer you our services and customer support
2. To evaluate and improve our services to you
3. To prevent illegal activities
4. To collect fees
5. To identify and solve troubleshoot problems
6. To offer you promotional emails
7. To verify the information you provide us with third parties. For example, we may share some of the personal information you give us with banks or credit card authorization, processing and verification services or with third parties for fraud screening purposes.

We do not disclose, sell, or rent any of your Personal Data to third parties in the normal course of doing business. We only share your Personal Data with third parties in accordance to the terms in this Privacy Policy.

However, all comments that you publically post about the Site may be used by us for marketing purposes. Therefore, by posting comments, you expressly agree to our using such comments for marketing purposes.

Additionally, information relating to items you are buying or selling may be displayed on the Site. This information can include details of your user ID, feedback ratings, and comments relating to your use of the Site. Otherwise, we will only disclose your personal information to a third party with your express permission.

Information Disclosure

HiCart.com is committed to preserve and protect your privacy. However, we are legally bound to disclose your personal information in the following cases:

1. If we receive a court order or similar legal procedure requiring us to share your Personal Data to law enforcement agencies, government agencies, or third parties
2. When we are required to disclose your Personal Data to comply with the law
3. When we are cooperating with an ongoing law enforcement investigation
4. When we have a good faith belief that our disclosure of your Personal Data is necessary to prevent physical harm or financial loss
5. To report suspected illegal activity
6. To investigate a possible violation of our Terms and Conditions
7. In the event of a sale of HiCart.com, your personal data may be disclosed to any potential purchaser for the purposes of the continued provision of the Site or otherwise in relation to any such sale.

Receiving Emails from HiCart.com

By registering and creating an account on the Site, you expressly consent to receiving emails from HiCart.com. If, at any time, you decide you do not wish to receive emails from us, you can unsubscribe from our mailing list by clicking on the link at the bottom of any of the emails or by going to the My Account section of the Site.

Your Use of Personal Data

Registered users on the Site may need to share personal or financial information with each other to complete transactions on the Site. This privacy policy does not cover your release of your personal information to another Site member. We cannot guarantee the privacy of your Personal Data when you share personal information with other Site members. Therefore, you should always seek to know the privacy policies of other Site members prior to sharing your information with those other Site members.

As a user of the Site, you should respect, at all times, the privacy of other Site members. By using the Site, you agree to use any personal information received from another Site member in relation to a transaction on the Site solely in relation to such transaction and shall not use the information received from another Site member for any other purposes except with the express consent of the other Site member. You also agree to use personal information received from another Site member in accordance with the law at all times.

Accessing and Editing Your Information

If you are a registered user at HiCart.com, you can access and change your personal information at any time by logging into the My Account section of the Site.

Please note that we shall retain your personal information during and following the end of your use of the Site as required to comply with law, for technical troubleshooting requirements, to prevent fraud, to assist in any legal investigations, and to take any other actions otherwise permitted by law.

Third Party Websites

The Site may contain links to other websites, but we are not responsible for the privacy practices of such other websites. For these websites, we strongly recommend that you read their privacy policies so you can understand the way in which your personal information will be processed by these websites. Our Privacy Policy applies solely to your Personal Data that we collect through your use of the Site.

Cookies

The Site uses cookies to help us recognize you, learn about your interests, improve your experience using the Site, increase security, measure the effectiveness of the Site, and identify popular sections on the Site. The cookies we use do not reveal any personal information about you. You can control cookies through your browser settings and other tools, although doing so may interfere with your use of the Site.

No Spam or Spoof Emails

We do not tolerate spam. To report Site-related spam or spoof emails, please forward the email to [email protected] or [email protected]. You may not use the Site to send spam or otherwise send content that would violate our Terms and Conditions. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks, and other malicious or illegal content.

Storage and Encryption of Information

We hold your Personal Data on servers located in Lebanon. We take every precaution and encrypt all your Personal Data to safeguard your personal information from unauthorized access, use, or disclosure. By registering and creating an account on the Site, you consent to the transfer of your Personal Data to, and its storage on, our servers located in Lebanon.

Username and Password

To access your account or make a transaction on the Site, you must enter your username and password. Choose your password carefully using a combination of numbers, special characters, and lower-case and upper-case letters. Remember to change your password frequently and be careful not to share your username and password with anyone. If you are concerned that your password has been compromised, change your password immediately by logging to the My Account section of the Site.

Breach of User Agreement

In connection with your use of the Site, you will not breach these Terms & Conditions. If you do, HiCart.com may immediately and without liability limit your activity, terminate your membership on the Site indefinitely or temporarily, end your listings, and/or warn other users of your actions.

HiCart.com may at any time and in its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with HiCart.com or use the Site in any manner whatsoever until such time that such user is reinstated by HiCart.com. Notwithstanding the foregoing, if you breach these Terms & Conditions HiCart.com reserves the right to recover any amounts due and owing by you to HiCart.com or any losses and damages caused by you to HiCart.com and to take such steps, including legal action and/or the initiation of criminal proceedings against you, as HiCart.com in its sole discretion deems necessary.

Providing Feedback

Users on the Site can provide feedback on each other’s conduct after a transaction has closed. Your feedback will be displayed along with your user ID on the Site. You cannot withdraw the feedback once you have posted it on the Site. HiCart.com will not be liable for the feedback that you post on the Site. If you continuously receive negative feedback ratings, HiCart.com reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site. You acknowledge and agree that you shall not market or export your HiCart.com feedback rating to any third party other than on the Site.

Withdrawal of Access and/or Membership

HiCart.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including, but not limited to, breach of this User Agreement.

Warranties

All information, content, materials, products, and services included on or otherwise made available to you through the Site are provided by HiCart.com on an “as is” and “as available” basis, unless otherwise stated in writing. HiCart.com makes no representation, endorsements, or warranties of any kind, express or implied, as to the accuracy, reliability, or completeness of any content on the Site or the operation of the Site or the information, content, materials, products, and services included on or otherwise made available through the site unless otherwise specified in writing. You expressly agree that your use of the Site is at your own risk and that HiCart.com has no obligation to offer support for the Site.

Limitation of Liabilities

The sellers whose items are available on the Site for sale are independent suppliers and are not employees of HiCart.com. In no event shall HiCart.com be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any seller, for any personal injuries, death, damage, or losses of profit, goodwill, data, information, and other intangible losses resulting from a direct or indirect connection with your use of the Site, or costs resulting therefrom. You acknowledge and agree that you are fully responsible for your use of the Site. You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your sole risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), HiCart.com will not be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) this Site, or any other Site or resource you access through a link from this Site; (b) any action we take or fail to take as a result of communications you send to us; (c) your HiCart.com membership, any termination or cancelation of your membership; (d) any products or services made available or purchased through the Site, including any damages or injury arising from any use of such products; (d) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; or (e) the modification, removal or deletion of any content submitted or posted on the Site. If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it.

Indemnity

You agree to defend, indemnify and hold HiCart.com and its stakeholders (owners, employers, investors, users, buyers, partners, and other sellers) harmless from and against any and all claims, damages, costs, actions, losses, liabilities, and expenses including legal expenses and attorney’s fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Terms & Conditions or your violation of any law or the rights of a third party.

No Partnership or Agency

Nothing in this Agreement shall be deemed to constitute a partnership or agency in law between you and HiCart.com and you shall have no authority to bind HiCart.com in any manner.

Governing Law and Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of Lebanon. Any dispute, claim or controversy arising out of or in connection with these Terms & Conditions (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Terms & Conditions) shall be referred to the parties’ respective officers for resolution. If any dispute remains unresolved 21 days after being referred to the officers, it shall be finally settled by one arbitrator appointed in accordance with the rules of conciliation and arbitration of the Chamber of Commerce, Industry and Agriculture of Beirut and Mount Lebanon. The seat, or legal place, of arbitration shall be Beirut. The language to be used in the arbitration shall be English. The award shall be final and binding and the parties hereby waive any right they may have to appeal such award. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction against any matters relating to intellectual property rights.

Transfer of Rights and Obligations

You hereby grant HiCart.com the right to, and irrevocably acknowledge and agree that HiCart.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under these Terms &Conditions to any of its affiliates without requiring your further specific agreement. HiCart.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of HiCart.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under these Terms & Conditions without the prior written consent of HiCart.com

Warranty Information

Warranties for products offered on HiCart are covered directly by the supplier. If the product is covered by warranty, it will be mentioned in the description of the item on HiCart and warranty conditions will apply according to the suppliers warranty terms and conditions. For further details about issuing a warranty claim, please click here

Amendments to These Terms & Conditions

HiCart.com reserves the right to make changes to the Site, policies, and these Terms & Conditions at any time without your prior consent and with immediate effect by posting a notice of the amendment on the Site. If any of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, they shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms & Conditions. HiCart.com will notify you of any amendment to these Terms and Conditions that materially increases your obligations or decreases your rights in accordance with the terms of these Terms & Conditions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and HiCart.com with respect to the subject matter hereof.