Terms and Conditions

Terms and Conditions of Use for Cusorcart.com

1. Introduction

1.1 Cusorcart (“Cusorcart LLC” in the United States and “Cusorcart Ltd” in Nigeria, collectively referred to as “Cusorcart,” “we,” “us,” or “our”) operates an online marketplace through its website and mobile applications (“Marketplace”). The Marketplace facilitates transactions between Buyers and Sellers for the purchase and sale of products and services.

1.2 These Terms and Conditions apply to all Buyers and Sellers using the Marketplace. By accessing, browsing, or using Cusorcart, you agree to comply with these Terms and Conditions in full. If you do not agree to these Terms, you must cease using the Marketplace immediately.

1.3 If you use the Marketplace on behalf of a business or other legal entity, you confirm that you have the authority to bind the entity to these Terms and Conditions and that both you and the entity are bound by these Terms.

2. Registration and Account

2.1 You must be at least 18 years old to register and use the Marketplace in the United States, and at least 16 years old to use the Marketplace in Nigeria. If you are under these ages, you may only use the Marketplace under the supervision of a parent or guardian who agrees to these Terms.

2.2 When you register for an account, you must provide a valid email address, a unique user ID, and a secure password. You agree to:

• Keep your password confidential;
• Notify us immediately of any unauthorized access to your account;
• Take full responsibility for any actions taken using your account credentials.

2.3 You may not transfer or assign your account to any third party without our written consent. Cusorcart reserves the right to suspend or cancel your account at its discretion if you breach these Terms.

3. Use of the Marketplace

3.1 Cusorcart provides an intermediary platform for Sellers to list products and Buyers to purchase products. Cusorcart itself does not own, sell, or warrant any products listed by third-party Sellers unless explicitly stated.

3.2 A contract for the sale of a product or service comes into effect when a Buyer places an order, and the Seller accepts it. The Seller is responsible for fulfilling the order in compliance with these Terms and applicable local laws.

3.3 Cusorcart works with third-party logistics partners to ensure seamless delivery of items to Buyers. Delivery times will be communicated to Buyers at checkout. However, Cusorcart does not guarantee that these times are 100% accurate due to unforeseen circumstances which may arose in the process, such as weather conditions, customs delays, or other factors beyond our control.

4. Listing and Selling Products

4.1 Sellers must ensure that all product listings are complete, accurate, and in full compliance with applicable laws in Nigeria you are a seller in Nigeria and if you are a seller in the United States. Each listing must clearly state all relevant information, including product guarantees, and warranties.

4.2 Sellers are responsible for ensuring that they have legal title to the products they sell and that these products are free from any third-party claims.

5. Purchasing Products

5.1 Buyers are responsible for reviewing product descriptions, prices, and terms before placing an order. Once an order is confirmed, the Buyer is bound by the purchase agreement and must pay for the product using the payment methods available on the Marketplace.

5.2 Buyers must ensure compliance with all local laws, including import and export regulations, in their jurisdiction.

6. Payments and Fees

6.1 Payments must be made using the methods provided on the Cusorcart Marketplace, and all transactions are subject to our Payment Information and Guidelines.

6.2 Cusorcart may charge fees for the use of the Marketplace, including listing fees or transaction fees. Sellers will be notified of any applicable fees before they are charged.

7. Shipping and Delivery

7.1 Cusorcart has partnered with third-party logistics providers who are responsible for shipping products to Buyers in a timely and secure manner. Delivery timelines will be communicated to Buyers at the time of checkout; however, delays may occur due to factors beyond our control, such as:

• Weather-related issues
• Customs delays
• Transportation strikes
• Natural disasters

7.2 Cusorcart does not guarantee specific delivery dates and shall not be liable for delays caused by third-party logistics or unforeseen circumstances.

8. Returns and Refunds

8.1 Buyers may request returns in accordance with our Return and Refund Policy, which complies with the local laws of the products sourced from Nigeria and for products sourced from the United States.

8.2 Refunds may be issued at Cusorcart's discretion, in the form of store credit, bank transfer, or other methods, and will be processed in compliance with the applicable laws of the Buyer’s country of residence.

9. Content Rules

9.1 Users are responsible for any content they submit to the Marketplace, including reviews, comments, and product listings. All content must comply with applicable laws and must not:

• Violate third-party intellectual property rights;
• Contain offensive or defamatory material;
• Promote illegal activities.

9.2 By submitting content, you grant Cusorcart a non-exclusive, royalty-free, worldwide license to use, modify, and distribute your content for promotional purposes.

10. Intellectual Property

10.1 All content, software, and materials on the Marketplace, including text, graphics, logos, and images, are the property of Cusorcart or its licensors and are protected by copyright, trademark, and other intellectual property laws.

10.2 You may not reproduce, distribute, or use any content from the Marketplace without express written permission from Cusorcart.

11. Limitation of Liability

11.1 The Marketplace and all services provided by Cusorcart are offered "as is" without warranties, either express or implied. To the fullest extent permitted by law, Cusorcart disclaims all implied warranties, including merchantability and fitness for a particular purpose.

10.2 Cusorcart is not liable for any indirect, incidental, or consequential damages, including loss of profits or data, resulting from your use of the Marketplace.

12. Dispute Resolution

12.1 In the event of a dispute between Buyers and Sellers, Cusorcart provides a dispute resolution process designed to facilitate communication and resolve issues amicably. If the dispute cannot be resolved through Cusorcart’s dispute resolution process, the governing law shall be determined based on the conflict-of-law principles of either Nigeria or the United States, depending on the residence of the parties involved. If the Buyer and Seller are from different countries:

• The law governing the contract will be the one most closely related to the transaction, or as specified by the parties in the contract.
• In the absence of a specified governing law, the law of the country where the Seller is domiciled may apply, unless otherwise required by applicable conflict-of-law rules.
• Parties acknowledge that courts may refuse to apply a foreign law that is inconsistent with public policy in their jurisdiction.

12.2 For users in the United States, binding arbitration may be used to resolve disputes in accordance with the laws of the relevant state.

13. Indemnification

13.1 You agree to indemnify Cusorcart, its affiliates, officers, and employees from any claims, liabilities, or expenses arising from your use of the Marketplace or breach of these Terms.

14. Termination

14.1 Cusorcart reserves the right to terminate or suspend your access to the Marketplace if you violate these Terms or engage in any activity deemed harmful to Cusorcart, other users, or third parties.

14.2 Upon termination, all licenses and rights granted to you will immediately cease.

15. Modifications to Terms and Conditions

15.1 Cusorcart reserves the right to modify these Terms and Conditions at any time. Any changes will take effect upon their publication on the Marketplace.

15.2 Users are encouraged to review these Terms regularly to stay informed of any updates.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions are governed by the laws of both Nigeria and the United States, depending on the user's location and the nature of the transaction.

15.2 Any legal disputes will be resolved in the courts of Nigeria or the United States, depending on the relevant jurisdiction.

17. Contact Information

For any questions, concerns, or legal notices please contact us at:

Cusorcart Ltd

No. 39 Regina Caeli Road,

Awka, Anambra State, Nigeria

Cusorcart LLC

5531 Lanham Way

Baltimore, Maryland, USA

21206

These Terms and Conditions were last updated on:

NIGERIA [16/10/2024]

USA [10/16/2024].