Terms of Service

These terms are a contract between you — the business opening a shop — and [registered legal name], which operates zapgocart. In them, we and us mean that company, and you means the business and anyone acting for it.

By creating an account or using the platform you accept these terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it. If you do not accept them, do not use the platform.

• Platform — the zapgocart software, dashboards, storefronts and interfaces we make available to you.
• Shop — the tenant account provisioned to you, and the public-facing store, menu, catalogue or queue it serves.
• Your Data — everything you or your customers put into your Shop: products, prices, media, orders, and customer records.
• Customer — a member of the public who buys from, books with, or queues at your Shop.

We provide the Platform as a subscription service: shoppable flyers, online stores, trade catalogues, restaurant ordering and walk-in queue management, according to the plan you are on.

We develop the Platform continuously. Features may be added, changed or retired. Where we withdraw something you materially rely on, we will give reasonable notice and, where we can, a path off it.

We provide software. We do not sell your goods, deliver them, handle your stock, or act as your agent in any sale.

You must give accurate registration details and keep them current. You are responsible for everything done under your account, and for the security of its credentials — including those of staff you invite.

Tell us promptly at support@v2.zapgocart.com if you believe an account has been compromised.

You must be a business, and legally able to enter this contract, in the territory where you operate. Licences and permits your trade requires are yours to hold.

You may not use the Platform to:

• sell or promote anything unlawful where you or your Customers are, or anything you are not licensed to sell;
• infringe someone else's intellectual property, or pass off their brand as yours;
• send unsolicited marketing, or message people who have not agreed to hear from you;
• upload malware, attempt to breach the Platform's security, probe it without our written permission, or attempt to reach another tenant's data;
• place a load on the Platform designed to degrade it for others, or resell access to it as your own product without agreement;
• mislead your Customers about price, availability, or who they are buying from.

We may investigate suspected breaches, and clause 14 governs what happens if one is established.

Your Data is yours. We claim no ownership of it. You grant us only the licence needed to host, process, transmit, back up and display it in order to run your Shop and support you.

For your Customers' personal data you are the controller and we are your processor: we act on your instructions, we do not use it for our own marketing, and we do not share it with other merchants. You are responsible for having a lawful basis to collect it and for publishing your own privacy notice to your Customers.

How we handle personal data is set out in our Privacy Policy, which forms part of this agreement.

We may use aggregated, de-identified statistics about Platform usage to operate and improve the service. This never identifies you, your Shop, or your Customers.

When a Customer orders through your Shop, the contract for that order is between you and them. We are not a party to it.

You are responsible for:

• the accuracy of your listings, prices and availability;
• fulfilment, delivery, and anything that goes wrong with either;
• your own returns, refunds and cancellation terms, and honouring them;
• consumer-law obligations, taxes and duties arising on your sales.

A Customer complaint about an order is yours to resolve. Where one reaches us we will pass it to you.

Subscription fees are charged per Shop at the rate for your plan, in advance, for each billing period, and renew automatically until cancelled.

• Fees are exclusive of VAT and other applicable taxes, which are added where due.
• Payment-processing charges levied by a payment provider on your sales are separate from our fees and are governed by your agreement with that provider.
• You may cancel at any time with effect from the end of the current billing period. Fees already paid are not refundable except where the law requires it.
• If a payment fails we may retry it, and may suspend the Shop if it stays unpaid after notice.

We may change our prices. Existing subscribers will be told before a change applies to them, and may cancel before it takes effect rather than accept it.

Where a free trial or free plan is offered, it is provided as-is and we may change or withdraw it. Anything you build during a trial remains yours; if you do not subscribe when the trial ends, the Shop may be suspended and later deleted under clause 14.

The Platform connects to services we do not control — payment processors, messaging and delivery providers, and advertising platforms. Your use of those is governed by their terms, and their availability is not something we can promise.

Where such a service changes or withdraws an interface we depend on, the related Platform feature may change with it.

We aim to keep the Platform available continuously and to fix faults promptly, but we do not guarantee uninterrupted service. Planned maintenance will be scheduled to minimise disruption and notified where it is likely to be noticed.

Support is provided by email and messaging during business hours. We do not offer a contractual service level or availability credits under these terms; where one is agreed separately in writing, that agreement governs.

The Platform, its software, design and documentation remain ours, together with our name, logo and branding. Your subscription grants you a non-exclusive, non-transferable right to use it while this agreement is in force, and nothing more.

Your brand, content and media remain yours. You grant us permission to display them as needed to run your Shop.

You may not copy, decompile or reverse-engineer the Platform except to the extent the law says that restriction cannot apply, nor remove any proprietary notice from it.

If you send us feedback or suggestions, we may act on them freely and without obligation to you.

Each of us may learn non-public information about the other. Each will use it only for this agreement, protect it as carefully as its own, and not disclose it — except to people who need it and are under similar obligations, or where the law compels disclosure.

This does not apply to information that is public through no fault of the recipient, was already known to it, or is independently developed.

By you

Cancel at any time from your dashboard or by writing to support@v2.zapgocart.com. Cancellation takes effect at the end of the current billing period.

By us

We may suspend or terminate an account where fees remain unpaid after notice, where clause 5 is breached, where we are legally required to, or where continued operation poses a security risk to the Platform or to others.

Except where an immediate suspension is necessary — unlawful content, an active security threat, or a legal order — we will give notice and, where the breach can be put right, a reasonable chance to put it right.

What happens to your data

After termination we retain Your Data for a limited period so you can export it and so an account closed in error can be restored. After that it is deleted or anonymised, save for records we must keep by law. Request an export at support@v2.zapgocart.com before that window closes.

Clauses 6, 12, 13, 15, 16, 17 and 19 survive termination.

We warrant that we will provide the Platform with reasonable skill and care.

Beyond that, and to the fullest extent the law allows, the Platform is provided as is. We do not warrant that it will be uninterrupted or error-free, that it will meet a particular commercial objective, or that it will be compatible with every third-party service you may wish to connect.

Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, and to the fullest extent the law allows:

• neither party is liable for loss of profit, revenue, goodwill, anticipated savings, or for indirect or consequential loss;
• our total liability arising out of this agreement in any twelve-month period is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

You remain responsible for keeping your own records of Your Data. Our backups exist to run the service, not as a substitute for that.

You will indemnify us against claims, losses and reasonable costs arising from your use of the Platform in breach of these terms, from Your Data, or from your dealings with your Customers — including any claim that Your Data infringes someone's rights.

We will tell you promptly of any such claim, let you take over its conduct where you wish, and not settle it without your agreement.

We may update these terms as the Platform and the law change. The date at the top of this page moves when we do.

Where a change materially affects your rights or obligations, we will notify account holders before it takes effect. Continuing to use the Platform after that date is acceptance; if you do not accept, you may cancel under clause 14.

This agreement is governed by the laws of the United Arab Emirates, and the courts of [emirate] have exclusive jurisdiction over any dispute arising from it.

If you have a complaint, write to legal@v2.zapgocart.com first. Most things are settled faster that way than by either of us going to court.

• Entire agreement — these terms, the Privacy Policy and any written order form are the whole agreement between us on this subject.
• Severability — if a provision is held unenforceable, the rest continues in force.
• No waiver — not enforcing a right on one occasion does not waive it.
• Assignment — you may not assign this agreement without our consent; we may assign it to a successor of the business, on notice to you.
• Force majeure — neither party is liable for a failure caused by something genuinely outside its reasonable control.
• No partnership— nothing here makes either of us the other's agent, partner or employee.