Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and Craft Cart ("we," "us," "our," "Platform," "Service") governing your access to and use of the Craft Cart platform, including any content, functionality, and services offered on or through the Platform.

BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

2. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with applicable laws in Africa, without regard to its conflict of law provisions. This Agreement is subject to, but not limited to:

• Applicable Constitutional provisions
• Data Protection legislation
• Cyber and Data Protection regulations
• Education legislation
• Access to Information and Protection of Privacy regulations
• Electronic Transactions legislation
• Consumer Protection legislation

Any legal action or proceeding arising under these Terms shall be brought in the courts of competent jurisdiction, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

3. Eligibility and User Accounts

3.1 Eligibility

The Platform is intended for use by:

• Registered educational institutions operating in Africa
• Authorized school administrators, teachers, and staff members
• Guardians and parents of enrolled students
• Students enrolled in registered educational institutions

By using the Platform, you represent and warrant that you have the legal capacity to enter into this Agreement. If you are registering on behalf of an educational institution, you represent that you have the authority to bind that institution to these Terms.

3.2 Account Registration

To access certain features of the Platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, illegal activity, or any reason we deem necessary to protect the Platform or other users, with or without notice.

4. Permitted Use and Restrictions

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended educational and administrative purposes.

4.2 Prohibited Activities

You agree not to:

• Use the Platform for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to any portion of the Platform, other accounts, or systems
• Interfere with or disrupt the integrity or performance of the Platform
• Use automated systems (bots, scrapers) to access the Platform without our written permission
• Reverse engineer, decompile, or disassemble any portion of the Platform
• Remove, alter, or obscure any proprietary notices on the Platform
• Use the Platform to transmit viruses, malware, or other harmful code
• Collect or harvest any personal information from other users without consent
• Impersonate any person or entity or misrepresent your affiliation
• Use the Platform to harass, abuse, or harm another person
• Violate any applicable laws or regulations

5. User Content and Data

5.1 Your Content

You retain all rights to any content, data, or information you upload, submit, or otherwise make available through the Platform ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, publish, and display such content solely for the purpose of operating and providing the Platform services.

5.2 Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

• You own or have necessary rights to the User Content
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms and applicable laws
• Your User Content does not contain false, misleading, or defamatory information

5.3 Data Accuracy

Educational institutions are responsible for ensuring the accuracy and legality of all student, staff, and institutional data entered into the Platform. We are not liable for decisions made based on inaccurate data provided by users.

6. Intellectual Property Rights

6.1 Platform Ownership

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Craft Cart, its licensors, or other providers of such material and are protected by Zimbabwean and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Trademarks

The Craft Cart name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Craft Cart or its affiliates or licensors. You must not use such marks without our prior written permission.

6.3 Restrictions

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Platform, except as expressly permitted in these Terms.

7. Fees and Payment Terms

7.1 Subscription Fees

Access to certain features of the Platform may require payment of subscription fees. All fees are exclusive of applicable taxes (including VAT), which shall be the responsibility of the subscribing institution.

7.2 Payment Terms

• Fees are payable in advance for the selected billing cycle
• Payment must be made in the currency specified at the time of purchase
• All fees are non-refundable except as required by law
• Failure to pay may result in suspension or termination of access

7.3 Price Changes

We reserve the right to modify our pricing structure at any time. Price changes will not affect your current subscription period but will apply upon renewal unless otherwise communicated.

8. Disclaimers and Limitation of Liability

8.1 Service "As Is"

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Warranty of Accuracy

We do not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of information provided through the Platform.

8.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRAFT CART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorized access, use, or alteration of your transmissions or content

8.4 Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO Craft Cart IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Craft Cart and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Your User Content or any content submitted through your account
• Your use or misuse of the Platform

10. Data Protection and Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that you have read and understood our Privacy Policy and agree to the collection, use, and disclosure of your information as described therein.

Educational institutions agree to comply with all applicable data protection laws when using the Platform, including obtaining necessary consents for processing student and staff personal information.

11. Service Availability and Modifications

11.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

11.2 Maintenance

We may perform scheduled or emergency maintenance that may temporarily restrict access to the Platform. We will attempt to provide advance notice of scheduled maintenance when reasonably possible.

12. Term and Termination

12.1 Term

These Terms commence on the date you first access the Platform and continue until terminated in accordance with these provisions.

12.2 Termination by User

You may terminate your account at any time by providing written notice to us. Upon termination, you will remain liable for all outstanding fees and obligations incurred prior to termination.

12.3 Termination by Us

We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Platform will immediately cease.

12.4 Effect of Termination

Upon termination, we may, but are not obligated to, delete your account and User Content. We will provide reasonable opportunity to export your data before permanent deletion, subject to legal retention requirements.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute informally through good faith negotiations.

13.2 Arbitration

If informal resolution fails, disputes shall be referred to arbitration in accordance with applicable arbitration legislation. The arbitration shall be conducted in a mutually agreed location, and the decision of the arbitrator shall be final and binding.

13.3 Exceptions

Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and Craft Cart concerning the Platform.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at any time without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.6 Notices

All notices under these Terms shall be in writing and shall be deemed given when delivered personally, sent by confirmed email, or sent by registered mail to the addresses specified in your account or our contact information.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account.

16. Contact Information

If you have any questions about these Terms of Service, please contact us: