Terms & Conditions

Last update: Dec 14, 2024

1. Introduction
Welcome to Crewcart, an application developed and provided by Tom I.T. B.V., a company based in the Netherlands (“we,” “us,” or “our”). Crewcart is a Shopify app that enables customers (“Users”) to shop together by creating and sharing a collective cart (“Crewcart”). By using Crewcart and its related services (the “Service”), you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree, you may not use the Service.

2. Definitions

-“Merchant”: A Shopify store owner who installs and uses the Crewcart app on their Shopify storefront.
-“Users”: Customers or participants who join and use the Crewcart feature.
-“Crewcart”: The shared cart created by one User and shared among multiple Users, enabling collaborative shopping.

3. Role of Crewcart and Merchant Responsibility
Crewcart is a tool that facilitates group shopping experiences on a Merchant’s Shopify store. We do not sell, ship, or fulfil any products. All transactions, including pricing, fulfilment, returns, product quality, and customer service, are the sole responsibility of the Merchant. We do not assume any liability for the products offered by the Merchant or the actions of the Merchant.
By using Crewcart, you acknowledge and agree that:
-Any disputes, complaints, or claims related to products, orders, or fulfilment must be directed to the Merchant.
-We are not responsible for any loss, damage, or injury arising from the use of products, delays, non-delivery, or other issues related to orders placed through Crewcart.
-You will not hold us liable for any issues or losses associated with your interaction with the Merchant or other Users.

4. User Data and Privacy
By agreeing to these Terms, Users consent to our collection, use, and processing of their personal data, including but not limited to email addresses, as described below and in our Privacy Policy.

We may use your data for:
-Service Improvement: To analyse usage and improve Crewcart’s functionality, user experience, and features.
-Marketing and Information Sharing: To inform you about other Crewcart-enabled stores, promotional offers, updates, or related products and services that we believe may be of interest to you.
-Analytics: For research, analytics, and product development purposes, which may include aggregated or anonymised reporting.
You may unsubscribe from marketing communications at any time by following the unsubscribe link provided in our emails or contacting us directly. For more details on data handling, storage, and security, please consult our Privacy Policy.

5. Consent to Data Usage
Before placing an order through Crewcart, each User will be required to check a box indicating acceptance of these Terms. By checking this box and completing your order, you acknowledge and agree that we may collect and use your data as set forth above.

6. Intellectual Property
All intellectual property rights (including trademarks, copyrights, and patents) associated with Crewcart are owned by or licensed to Tom I.T. B.V. You may not use, reproduce, distribute, or create derivative works from our content without our express written permission.

7. Prohibited Activities
Users agree not to:
-Use Crewcart for any illegal or unauthorized purpose.
-Interfere with or disrupt the Service or the networks connected to it.
-Attempt to access non-public areas of the Service.
-Misrepresent your identity or affiliation with another person or entity.

8. Warranties and Disclaimers
The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or secure.

9. Limitation of Liability
To the maximum extent permitted by law, we 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, resulting from:
-Your access to or use of (or inability to use) the Service.
-Any conduct or content of any third party on the Service.
-Any content obtained from the Service.
-Unauthorised access, use, or alteration of your data.
In no event shall our aggregate liability exceed the total amount paid by you (if any) for using the Service.

10. Indemnification
You agree to indemnify, defend, and hold harmless Tom I.T. B.V. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
-Your use of the Service.
-Your violation of these Terms or any applicable law.
-Your interaction with the Merchant or other Users.

11. Modifications to the Terms
We may revise these Terms from time to time by posting the updated version on our website or through the Service. By continuing to use Crewcart after changes have been posted, you agree to be bound by the revised Terms. If you do not agree with the updated Terms, please discontinue using the Service.

12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles. Any disputes arising from these Terms or the use of the Service shall be subject to the exclusive jurisdiction of the competent courts in the Netherlands.

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

14. Entire Agreement
These Terms constitute the entire agreement between you and Tom I.T. B.V. regarding your use of Crewcart and supersede all prior or contemporaneous agreements, understandings, or communications.

15. Contact Information
For questions or concerns regarding these Terms, please contact us at: 
Crewcart / Tom I.T. B.V.
Poortkade 182
4302 VA Zierikzee
The Netherlands
terms@crewcart.com

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