Terms and Conditions for YukonCart

Last Updated: [Date]

Welcome to YukonCart! By signing up for a YukonCart account (the "Account”) or using any of our services (the "Services”), you agree to be bound by the following Terms and Conditions ("Terms of Service”).

Definitions

• "YukonCart,” "we,” "us,” or "our” refers to YukonCart Inc.

• "You” refers to the individual or business using our Services.

• "Services” refers to YukonCart’s multi-Vendor e-commerce platform, which allows local businesses to sell products online, manage online stores, list products, process payments, and fulfill orders. Customers can browse products, place orders, and track deliveries through our platform.

• "Materials” include any content uploaded to YukonCart, such as trademarks, product descriptions, prices, images, videos, and other data.

Any new features or tools added to the Services will also be subject to these Terms of Service. The latest version of these Terms can be found at [insert link].

1. Acceptance of Terms

Before registering for an Account or using our Services, you must read, understand, and accept these Terms of Service, along with our Privacy Policy, Refund Policy, and Shipping Policy.

Everyday Language Summaries

For convenience, we provide summaries of key sections in plain language. These summaries are not legally binding. Please refer to the full Terms of Service for a complete understanding of your obligations.

By using YukonCart, you agree to these Terms of Service and should review them periodically for updates.

2. Account Terms

2.1 What This Means

You are responsible for your YukonCart Account, the content you upload, and your store’s operations. If you violate these Terms, we may suspend or terminate your access to our Services. We will communicate with you via the email address you provide.

2.2 Account Registration

To use YukonCart’s Services, you must register for an Account and provide:

• Your full legal name.

• A valid email address.

• A secure password.

• Additional details if required (e.g., business address, phone number, tax ID for Vendors).

YukonCart reserves the right to reject or cancel an Account at its sole discretion.

2.3 Age Requirement

2.3.1 Customers

To use YukonCart as a customer, you must be at least 14 years old. If you are under the age of majority in your province or territory of residence (18 or 19 years old, as applicable), you confirm that you have obtained consent from your parent or legal guardian to use this platform and agree to these Terms of Service. By using this platform, you represent and warrant that you meet these age requirements.

2.3.2 Vendors

To register as a vendor and enter into a contract with YukonCart, you must be at least the age of majority in your province or territory of residence (18 or 19 years old, as applicable). By signing up as a vendor, you represent and warrant that you have the legal capacity to enter into a binding agreement with YukonCart. Minors are not permitted to enter into vendor contracts under any circumstances.

2.4 Business Use

By using YukonCart, you confirm that you are using our Services for business purposes and not for personal, household, or family use.

2.5 Communication

• The email address you provide during registration (or update later) is your Primary Email Address for all communications.

• You must ensure your Primary Email Address is active and capable of sending and receiving messages.

• YukonCart will only authenticate email communications if they originate from your Primary Email Address.

2.6 Account Security

• You are responsible for keeping your password secure.

• YukonCart is not liable for any loss or damage resulting from your failure to maintain Account security.

• We may require additional security measures and reserve the right to modify security requirements at any time.

2.7 Technical Support

Technical support is available only to registered YukonCart users. For inquiries regarding these Terms, contact [[email protected]].

2.8 Prohibited Activities

You agree not to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without explicit written permission.

• Circumvent, bypass, or interfere with technical limitations of the Services.

• Use tools to enable unauthorized features or functionalities.

• Decompile, disassemble, or reverse-engineer the Services.

• Access or monitor the Services using automated means (e.g., robots, spiders, scrapers).

2.9 Content and Materials

Your Materials may be transmitted unencrypted and may:

• Be transferred across multiple networks.

• Be adjusted to conform to the technical requirements of different networks or devices.

3. User Accounts

3.1 Account Creation

Customers:

To create an account, you must provide: Your name, Username, Email address and Password.

Vendors:

To create an account, you must provide: Your name, Email address, Phone number, Password and Business information (e.g., business registration, tax ID)

Signup Options:

You may also sign up using your Google account for added convenience.

3.2 Account Responsibilities

• You are responsible for maintaining the security of your account and password.

• You must notify us immediately at [email protected] if you suspect any unauthorized use of your account.

• You are responsible for all activities that occur under your account, whether authorized by you or not.

3.3 Payment Accounts

• Upon account creation, YukonCart may automatically set up payment accounts for you using third-party services like Stripe.

• You are responsible for activating, deactivating, and managing these payment accounts.

• If you do not wish to use a specific payment method, it is your responsibility to deactivate it.

• If you choose to use cash on delivery, you must ensure that your store settings reflect this option.

3.4 Communication

• The email address you provide during registration will be used as the primary method of communication.

• You must ensure that your email address is active and capable of receiving messages.

3.5 Prohibited Activities

• You agree not to share your account credentials with others.

• You agree not to use automated tools (e.g., bots, scrapers) to access or interact with the platform.

4. YukonCart Rights

4.1 Control Over Services

• YukonCart reserves the right to modify, suspend, or discontinue any part of the Services at any time, without notice.

• Not all features or functionalities will be available to all users at all times.

• We are under no obligation to make any Services or features available in any jurisdiction.

4.2 Content Moderation

• YukonCart does not pre-screen content ("Materials”) uploaded by users.

• We reserve the right to refuse or remove any Materials that violate our Acceptable Use Policy or these Terms of Service.

• This includes, but is not limited to, illegal products or services, prohibited items, or intellectual property violations.

4.3 Abuse and Termination

Any form of abuse, including threats, towards YukonCart employees, members, or officers will result in immediate account termination.

4.4 Competition

• YukonCart reserves the right to provide our Services to competitors.

• We will not use or share your confidential information to compete with you.

4.5 Account Ownership Disputes

• YukonCart may request documentation to determine account ownership, including business licenses, government-issued ID, or payment details.

• If ownership cannot be determined, we may suspend or disable the account until the dispute is resolved.

5. Your Responsibilities

5.1 Vendor Responsibilities

• You are responsible for your store, product descriptions, pricing, shipping details, and customer support.

• You must comply with all applicable laws, including consumer protection and tax regulations.

• Your store must provide accurate contact information, refund policies, and order fulfillment timelines.

• You are responsible for resolving fraud, disputes, and chargebacks.

5.2 Customer Responsibilities

• You must provide accurate shipping and payment information.

• You must comply with YukonCart’s Return and Shipping Policies.

• You are responsible for inspecting your order upon delivery and reporting issues promptly.

5.3 Prohibited Activities

• Vendor may not sell prohibited items such as alcohol, drugs, or adult products.

• You must not use automated tools to access or interact with the platform.

• Fraudulent or deceptive practices are strictly prohibited.

5.4 YukonCart’s Role

• YukonCart is not the Vendor of record for transactions.

• We are not responsible for store operations, product quality, or disputes between you and customers.

6. Payments and Fees

6.1 Payment Methods

YukonCart accepts payments through Stripe Connect, including debit cards, credit cards, Google Pay, and PayPal, as well as cash on delivery (COD). Customers and vendors must ensure that their selected payment method is valid and authorized for use.

6.2 Fees

• Customers: There are no fees for customers to use the YukonCart platform. Customers only pay for the products they purchase.

• Vendors: Vendors are charged a commission fee based on a percentage of each order’s sales value, in addition to any transaction fees imposed by the payment gateway (e.g., Stripe Connect). A detailed fee structure will be provided during the vendor onboarding process.

6.3 Payment Processing

• All customer payments are processed and received by YukonCart.

• Upon successful completion of an order, YukonCart deducts the applicable commission fee and payment gateway charges from the total order amount.

• The remaining balance is transferred to the vendor’s designated account biweekly for the completed orders, subject to the payment gateway’s processing times.

6.4 Taxes

• Vendors are solely responsible for determining, collecting, reporting, and remitting all applicable taxes (e.g., sales tax, GST) related to their sales on YukonCart.

• YukonCart may charge taxes on fees where required by law. If applicable, these taxes will be calculated based on the vendor’s provided location and billed to their payment method.

• Vendors claiming tax exemption must provide valid documentation to YukonCart. Tax exemption will only apply from the date YukonCart receives and approves the documentation.

6.5 Failed Payments

• If a customer’s payment fails, the order will not be processed, and the vendor will be notified.

• If YukonCart is unable to transfer the vendor’s earnings due to an invalid or unauthorized payment method, we may attempt to process the payment again.

• YukonCart will make reasonable efforts to notify vendors of failed payments and provide a grace period for resolution before suspending accounts. YukonCart reserves the right to suspend the vendor’s account until all outstanding payments are resolved. Upon successful settlement of the pending payment, the vendor’s account will be reinstated.

6.6 Refunds and Cancellations

• Refund Policy: YukonCart enforces a Refund and Cancellation Policy for all transactions on the platform. Vendors and customers must adhere to these policies.

• Refund Processing: In the event of a refund, YukonCart will return the order amount to the customer after deducting shipping costs and payment transaction fees. The refunded amount will not be transferred to the vendor.

• Vendor Notification: Vendors will be notified of any refunds processed for their orders. YukonCart reserves the right to deduct refunded amounts (including applicable fees) from the vendor’s earnings or future payouts if necessary.

• Disputes: If a dispute arises regarding a refund or cancellation, YukonCart will mediate and resolve the issue in accordance with its policies.

6.7 Currency

• All fees and payments on YukonCart are processed in Canadian Dollars (CAD) unless otherwise specified.

• Vendors and customers are responsible for any currency conversion fees that may apply.

6.8 Changes to Fees

• YukonCart reserves the right to modify fee structures, including commission rates and transaction fees, at any time. Vendors will be notified of any changes in advance via email or through the platform. 

• Any revised rates will only take effect upon the expiration of the existing contract between the vendor and YukonCart, and will be applicable for new contracts thereafter.

• Continued use of the platform after such changes constitutes acceptance of the updated fees.

6.9 Disputes

• In the event of a dispute regarding fees or payments, vendors and customers must contact YukonCart support on the same day of the transaction date.

• YukonCart will investigate disputes and work to resolve them in a fair and timely manner.

7. Confidentiality

7.1 Definition of Confidential Information

"Confidential Information" refers to any non-public information shared between YukonCart, vendors, and customers that is related to the platform, business operations, or transactions. This includes, but is not limited to:

• Business information (e.g., sales data, costs, pricing, and financial details).

• Technical information (e.g., software, processes, and formulas).

• Customer information (e.g., names, addresses, and contact details).

• Vendor information (e.g., product designs, inventory details, and marketing strategies).

• Any other proprietary or sensitive information, whether marked as confidential or not.

YukonCart’s Confidential Information also includes all non-public details about the platform’s operations, security practices, and technical infrastructure.

7.2 Obligations of Confidentiality

YukonCart, vendors, and customers agree to use Confidential Information solely for the purpose of fulfilling their obligations under these Terms and Conditions.

• Each party agrees to take reasonable steps to protect the other party’s Confidential Information, using measures at least as stringent as those used to protect their own sensitive information.

• Confidential Information may only be shared with employees, agents, or subcontractors who need access to perform their duties and who are bound by confidentiality obligations at least as strict as those outlined here.

7.3 Permitted Disclosures

Confidential Information may be disclosed if:

• Required by law, regulation, or court order, provided that (if legally permitted) the disclosing party is given prompt written notice and the receiving party uses reasonable efforts to ensure the information is treated confidentially.

• The information is already publicly available or becomes publicly available through no fault of the receiving party.

• The information is independently developed by the receiving party without reference to or use of the other party’s Confidential Information.

• The information is rightfully obtained from a third party without breach of these Terms and Conditions.

7.4 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly known without breach of these Terms and Conditions.

• Was already known to the receiving party prior to disclosure.

• Is independently developed by the receiving party without using the other party’s Confidential Information.

• Is rightfully obtained from a third party without breach of these Terms and Conditions.

7.5 Duration of Confidentiality

The obligations of confidentiality under this section will remain in effect for two (2) years after the termination of the relationship between the parties, unless otherwise required by law.

7.6 Breach of Confidentiality

Any breach of this Confidentiality section may result in immediate termination of the offending party’s access to YukonCart, in addition to any legal remedies available under applicable law.

8. Intellectual Property

8.1 Ownership of Materials

Vendors retain ownership of all content they upload to YukonCart, including but not limited to product images, descriptions, logos, and other materials ("Vendor Materials").

By using YukonCart, vendors grant YukonCart a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable license to use, display, reproduce, distribute, modify, and create derivative works of Vendor Materials for the purposes of operating, promoting, and improving the platform. This license allows YukonCart to:

• Host and display Vendor Materials on the platform.

• Use Vendor Materials in marketing, advertising, and promotional materials.

• Adapt Vendor Materials to ensure compatibility with the platform’s technical requirements.

Vendors represent and warrant that they own or have the necessary rights to all Vendor Materials they upload and that such materials do not infringe on any third-party rights.

8.2 Removal of Materials

Vendors may delete their listings at any time through their account dashboard. However, to delete their account entirely, they must submit a request to YukonCart.

Removing content does not terminate any rights or licenses granted to YukonCart that are necessary to fulfill obligations or exercise rights that arose before the removal (e.g., fulfilling existing orders or resolving disputes).

8.3 YukonCart’s Intellectual Property

All intellectual property rights in the YukonCart platform, including but not limited to its software, design, trademarks, logos, and content (collectively, "YukonCart IP"), are owned by YukonCart Inc. or its licensors.

Vendors and customers are granted a limited, non-exclusive, non-transferable license to use YukonCart IP solely for the purpose of using the platform in accordance with these Terms and Conditions.

Unauthorized use of YukonCart IP, including but not limited to the YukonCart name, logo, or any confusingly similar marks, is strictly prohibited.

8.4 Trademarks

The "YukonCart" name and logo are registered trademarks of YukonCart Inc.

Vendors and customers may not use, register, or attempt to register any trademarks, domain names, social media handles, or other identifiers that are identical or confusingly similar to YukonCart’s trademarks without prior written consent.

Vendors may not use YukonCart’s trademarks in any way that suggests endorsement, sponsorship, or affiliation with YukonCart unless explicitly authorized in writing.

8.5 Prohibited Activities

Vendors and customers agree not to:

• Copy, modify, or create derivative works of YukonCart’s platform or intellectual property.

• Reverse engineer, decompile, or disassemble any part of the platform.

• Use YukonCart’s trademarks, logos, or other intellectual property in a way that could cause confusion or harm to YukonCart’s brand.

• Register or use search engine keywords, domain names, or social media handles that include YukonCart’s trademarks or any confusingly similar terms.

8.6 Moral Rights

Vendors irrevocably waive any moral rights they may have in Vendor Materials to the extent necessary for YukonCart to exercise the rights granted under these Terms and Conditions.

8.7 Termination of License

Upon termination of a vendor’s account, YukonCart will cease using Vendor Materials for new purposes but may retain and use them as necessary to fulfill existing obligations (e.g., completing orders or resolving disputes).

9. Liability and Disclaimers

9.1 Limitation of Liability

To the fullest extent permitted by applicable law, YukonCart, along with its affiliates, officers, directors, employees, agents, and suppliers, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities.

• Damages arising from platform downtime, technical issues, or interruptions.

• Unauthorized access to, loss of, or alteration of data.

• Disputes between vendors and customers, including but not limited to issues related to product quality, delivery, or refunds.

In any case, YukonCart’s total liability for claims arising from or related to these Terms and Conditions or the use of the platform shall not exceed the total fees paid by the user to YukonCart in the six (6) months preceding the claim.

9.2 Indemnification

You agree to indemnify, defend, and hold YukonCart, along with its affiliates, officers, directors, employees, agents, and suppliers, harmless from any claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms and Conditions or any referenced documents.

• Your violation of any law or third-party rights.

• Any transaction disputes between you and another user (e.g., issues related to product quality, delivery, or refunds).

• Your use of the platform, including but not limited to fraudulent transactions, tax obligations, or violations of consumer protection laws.

This indemnification extends to breaches committed by your affiliates, agents, or subcontractors as if they were your own.

9.3 Disclaimers

• No Warranty: YukonCart provides the platform on an "as is” and "as available” basis without warranties of any kind, express or implied. YukonCart does not guarantee uninterrupted, error-free, or secure services, nor does it ensure that the platform will be free from viruses or harmful components.

• Third-Party Services: YukonCart is not responsible for the actions, content, or services of third parties (e.g., payment gateways, delivery providers) linked to or integrated with the platform.

• Tax Obligations: YukonCart is not responsible for any tax obligations related to your use of the platform. Vendors and customers are solely responsible for determining and fulfilling their respective tax liabilities.

9.4 No Guarantee of Results

YukonCart does not guarantee specific outcomes from using the platform, such as increased sales, customer satisfaction, or business growth.

9.5 Vendor and Customer Responsibilities

• Vendors are solely responsible for:

• Ensuring the quality, safety, and legality of their products.

• Complying with all applicable laws, including consumer protection and tax regulations.

• Handling customer disputes and refund requests.

• Customers are responsible for:

• Reviewing product listings for accuracy before making a purchase.

• Adhering to these Terms and Conditions and all applicable laws.

10. Additional Services

10.1 Customer Website

YukonCart provides a customer-facing website where users can browse products, place orders, and interact with vendors.

• Customers are responsible for ensuring the accuracy of their orders, including product details, quantities, and delivery information.

• YukonCart is not responsible for disputes arising from customer orders, including product quality or delivery issues (if shipping is the vendor’s responsibility). Such disputes must be resolved directly between the customer and the vendor.

10.2 Vendor Dashboard

Vendors have access to a dedicated Vendor Dashboard to manage sales, orders, inventory, and product listings.

• Vendors are solely responsible for:

• Maintaining accurate and up-to-date product listings.

• Fulfilling orders in a timely manner.

• Handling customer inquiries and resolving disputes related to their products.

• YukonCart is not liable for any losses or damages resulting from a vendor’s use of the Vendor Dashboard, including errors in inventory management or order fulfillment.

10.3 Advertiser and Affiliate Panel

YukonCart offers a separate panel for advertisers and affiliates to promote products and services on the platform.

• Advertisers and affiliates are responsible for:

• Complying with all applicable laws and regulations, including advertising standards and consumer protection laws.

• Ensuring their promotional content is accurate, truthful, and not misleading to customers.

• YukonCart reserves the right to remove or disable any advertising or affiliate content that violates these Terms and Conditions or applicable laws.

10.4 Refunds

Refunds will be processed by YukonCart in accordance with the platform’s Refund Policy.

• When a refund is issued:

• The order amount will be returned to the customer after deducting shipping costs and payment transaction fees.

• The refunded amount will not be transferred to the vendor.

• Vendors will be notified of any refunds processed for their orders.

10.5 Third-Party Services

YukonCart may integrate or provide access to third-party services (e.g., payment gateways, analytics tools, or marketing platforms) to enhance platform functionality.

• Use of third-party services is at the user’s own risk. YukonCart is not responsible for:

• The availability, accuracy, or reliability of third-party services.

• Any losses or damages arising from the use of third-party services.

• By using third-party services, users agree to comply with the respective third-party providers’ terms and privacy policies.

10.6 Beta Services

From time to time, YukonCart may offer beta services or features that are still in development and not yet available to all users.

• Beta services are provided "as is” and may contain errors or bugs. Use of beta services is at the user’s own risk.

• YukonCart reserves the right to modify, suspend, or discontinue beta services at any time without notice.

• Feedback on beta services is welcome and may be used by YukonCart to improve the platform.

10.7 Limitation of Liability for Additional Services

All additional services provided by YukonCart are offered on an "as is” and "as available” basis without warranties, express or implied.

YukonCart is not liable for any losses, damages, or disruptions arising from the use of additional services, including but not limited to:

• Technical issues or platform downtime.

• Errors or inaccuracies in product listings, orders, or advertisements.

• Disputes between customers, vendors, advertisers, or affiliates.

11. Feedback and Reviews

11.1 Feedback

YukonCart welcomes user feedback, ideas, and suggestions regarding the platform, its features, and its services ("Feedback”).

By submitting Feedback to YukonCart (whether through the platform, email, or any other channel), you agree that:

• YukonCart is under no obligation to treat Feedback as confidential.

• YukonCart may use, modify, and implement Feedback in any way it deems appropriate, without compensation or credit to you or any third party.

• You waive any rights or claims to the Feedback, including intellectual property rights, and grant YukonCart a perpetual, worldwide, royalty-free license to use the Feedback for any purpose.

11.2 Reviews

Customers may submit reviews of vendors, products, or services on the YukonCart platform.

By submitting a review, you agree that:

• Your review must be accurate, truthful, and based on your personal experience.

• Your review must not contain illegal, obscene, threatening, defamatory, or otherwise objectionable content.

• Your review must not infringe on the intellectual property rights, privacy, or other rights of any third party.

• YukonCart reserves the right (but is not obligated) to monitor, edit, or remove reviews that violate these Terms and Conditions or are deemed inappropriate.

11.3 No Obligation to Act

YukonCart is under no obligation to act on or implement any Feedback or to monitor, edit, or remove reviews. The Feedback and review features are provided as a convenience to users, and YukonCart does not guarantee their accuracy or reliability.

11.4 Responsibility for Feedback and Reviews

Users are solely responsible for the content of their Feedback and reviews. YukonCart is not liable for any claims, losses, or damages arising from Feedback or reviews submitted by users.

12. Copyright Notice and Takedown Procedure

12.1 Intellectual Property Rights

YukonCart is committed to protecting intellectual property rights and expects all vendors and users to respect the intellectual property of others. As a multi-vendor platform, YukonCart provides a marketplace for local vendors to sell their products. Vendors are solely responsible for ensuring that their content (e.g., product images, descriptions, and other materials) does not infringe on the intellectual property rights of others.

12.2 Submitting a Copyright Infringement Notice

If you are a copyright owner or an authorized representative and believe that any content on YukonCart infringes your copyright, you may submit a Copyright Infringement Notice to YukonCart’s designated agent. Your notice must include:

• A physical or electronic signature of the copyright owner or an authorized representative.

• Identification of the copyrighted work claimed to have been infringed.

• Identification of the infringing material and its location on the YukonCart platform (e.g., product listing URL).

• Your contact information, including name, address, phone number, and email address.

• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Send your Copyright Infringement Notice to YukonCart’s designated agent at:
Email: [email protected]
Mailing Address: 16-41 Gleaner Avenue, Whitehorse, Yukon, Y1A 0S4

12.3 YukonCart’s Response to a Copyright Infringement Notice

Upon receiving a valid Copyright Infringement Notice, YukonCart will:

• Remove or disable access to the allegedly infringing content (e.g., product listing, image, or description).

• Notify the vendor who uploaded the content and provide them with a copy of the notice.

• Take reasonable steps to prevent the content from being reposted without resolving the infringement claim.

12.4 Counter-Notification by Vendors

If a vendor believes their content was removed or disabled due to a mistake or misidentification, they may submit a Counter-Notification to YukonCart’s designated agent. The Counter-Notification must include:

• The vendor’s physical or electronic signature.

• Identification of the material that was removed or disabled and its location before removal.

• A statement under penalty of perjury that the vendor has a good faith belief the material was removed or disabled due to a mistake or misidentification.

• The vendor’s name, address, phone number, and email address.

• A statement that the vendor consents to the jurisdiction of the federal court in Canada and agrees to accept legal service from the person who submitted the Copyright Infringement Notice.

If YukonCart receives a valid Counter-Notification, we will forward it to the original complainant. The complainant has 14 business days to seek a court order preventing the alleged infringement. If no court order is obtained, YukonCart may restore the removed or disabled content.

12.5 Repeat Infringers

YukonCart reserves the right to terminate the accounts of vendors who repeatedly infringe intellectual property rights. Repeat violations may result in permanent removal of the vendor’s account and all associated content from the platform.

12.6 Vendor Responsibilities

Vendors are solely responsible for ensuring that their product listings, images, descriptions, and other content do not infringe on the intellectual property rights of others.

By uploading content to YukonCart, vendors represent and warrant that they own or have the necessary rights to use and display the content on the platform.

12.7 Disclaimer

• YukonCart is not responsible for mediating disputes between copyright owners and vendors. If you are unsure whether material infringes your rights, consult a legal professional before submitting a Copyright Infringement Notice.

• YukonCart acts as an intermediary and is not liable for content uploaded by vendors, provided YukonCartresponds promptly to valid infringement notices.

13. Privacy and Data Protection

13.1 Commitment to Privacy

YukonCart is committed to protecting the privacy of all users, including vendors and customers. The collection, use, and disclosure of personal information are governed by YukonCart’s Privacy Policy, which is incorporated into these Terms and Conditions by reference.

By using the YukonCart platform, you acknowledge and agree to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

13.2 Collection and Use of Personal Information

YukonCart collects personal information to provide, maintain, and enhance the platform, as well as to facilitate transactions between vendors and customers. This may include:

• Vendor Information: Name, contact details, business information, payment details.

• Customer Information: Name, contact details, shipping address, payment information.

• Transaction Details: Order history, product preferences, and related data.

Personal information is used for purposes such as:

• Processing orders and payments.

• Facilitating communication between vendors and customers.

• Enhancing platform functionality and user experience.

• Complying with legal and regulatory requirements.

13.3 Data Protection and Security

YukonCart implements reasonable technical and organizational security measures to protect user data, including:

• Safeguarding personal information against unauthorized access, disclosure, or misuse.

• Regularly reviewing and updating security protocols to address emerging threats.

However, no method of data transmission or storage is 100% secure. While YukonCart strives to protect personal information, absolute security cannot be guaranteed.

13.4 Vendor and Customer Responsibilities

Vendors

Vendors are responsible for:

• Protecting customer personal information collected through the platform.

• Complying with applicable data protection laws, including PIPEDA (Personal Information Protection and Electronic Documents Act) and other relevant regulations.

• Using customer data only for fulfilling orders and providing customer support.

Customers

Customers are responsible for:

• Providing accurate and up-to-date personal information.

• Protecting their account credentials and not sharing them with third parties.

13.5 Third-Party Services

YukonCart may integrate third-party services (e.g., payment processors, delivery services) to facilitate transactions and improve platform functionality. These third parties may collect and process personal information on YukonCart’s behalf.

YukonCart is not responsible for the privacy practices of third-party services. Users are encouraged to review the privacy policies of these services before using them.

13.6 Data Processing Addendum

To the extent that YukonCart processes personal information as a data processor or service provider under applicable data protection laws (e.g., PIPEDA), such processing is governed by YukonCart’s Data Processing Addendum (if applicable). Vendors and customers will be notified of any additional terms related to data processing.

13.7 Changes to Privacy Practices

YukonCart may update its Privacy Policy and data protection practices from time to time. Users will be notified of any material changes, and continued use of the platform constitutes acceptance of the updated terms.

14. YukonCart Contracting Party and Governing Law

14.1 YukonCart Contracting Party

If your billing address is located in Canada, the following terms apply:

• The "YukonCart Contracting Party” is YukonCart Inc., a corporation incorporated under the laws of Canada, with its registered office located at [insert address].

• Any disputes arising out of or in connection with these Terms and Conditions will be governed by the laws of the Province of [insert province], along with the federal laws of Canada applicable therein.

• The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of [insert province] for resolving any disputes.

14.2 Exclusions

• The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms and Conditions and is expressly excluded.

14.3 Vendor Contracts

• By registering as a vendor on YukonCart, you agree to enter into a Vendor Agreement with YukonCart Inc.

• The Vendor Agreement will outline the terms and conditions specific to your use of the platform, including fees, responsibilities, and dispute resolution processes.

• The Vendor Agreement will be governed by the same laws and jurisdiction as outlined in Section 13.1.

14.4 Dispute Resolution

• In the event of a dispute between YukonCart and a vendor or customer, the parties agree to first attempt to resolve the dispute through good-faith negotiations.

• If the dispute cannot be resolved through negotiations, the parties agree to submit to the exclusive jurisdiction of the courts specified in Section 13.1.

15. Term and Termination

15.1 Term

These Terms and Conditions take effect on the date you complete your registration for a YukonCart account and will continue until terminated by either you or YukonCart, as outlined below.

15.2 Termination by Users

Vendors and Customers may terminate their account and these Terms and Conditions at any time by:

• Selecting the "Request to Remove Your Data” option in their account settings; or

• Contacting YukonCart Support at [email protected] and following the specific instructions provided in YukonCart’s response.

Upon termination:

• Your account will be deactivated, and you will no longer have access to the platform.

• Any outstanding fees owed to YukonCart must be paid in full.

• If you are a vendor, your product listings will be removed, and your storefront will be taken offline.

15.3 Termination by YukonCart

YukonCart may suspend or terminate your account at any time, with or without notice, for reasons including but not limited to:

• Expired or invalid business licenses.

• Selling prohibited items.

• Violations of these Terms and Conditions.

• Suspicion of fraudulent activity or misuse of the platform.

Termination by YukonCart will not affect any rights or obligations that arose prior to the termination date.

15.4 Effects of Termination

Upon termination of your account:

• YukonCart will cease providing access to the platform, and you will no longer be able to log in.

• Unless otherwise stated in these Terms and Conditions, fees paid are non-refundable, whether in full or pro rata.

• Any outstanding fees owed to YukonCart will become immediately due and payable.

• If you are a vendor, your storefront and product listings will be removed from the platform.

15.5 Final Invoice

• If there are any outstanding fees owed at the time of termination, YukonCart will send you a final invoice via email.

• Once the invoice is paid in full, no further charges will be applied.

15.6 Data Removal

• Upon termination, YukonCart will retain your data for a reasonable period as required by law or for legitimate business purposes.

• After this period, your data will be deleted or anonymized in accordance with YukonCart’s Privacy Policy.

• If you wish to request immediate removal of your data, you may do so by contacting [email protected].

15.7 Survival

Certain provisions of these Terms and Conditions will survive termination, including but not limited to:

• Sections related to intellectual property, confidentiality, liability, and dispute resolution.

16. Modifications

16.1 Changes to Terms and Conditions

YukonCart reserves the right to update or modify these Terms and Conditions at any time, at its sole discretion. Changes may be made to reflect:

• Platform updates,

• Legal and regulatory requirements, or

• Operational needs.

If a change materially affects your rights or use of the platform, YukonCart will provide reasonable advance noticethrough:

• Email notification to the address associated with your account.

• A notice in your vendor or customer dashboard.

• Other reasonable means of communication.

However, YukonCart may make immediate changes in cases where:

• Compliance with legal or regulatory requirements is necessary.

• Changes are required to prevent fraud, abuse, or security risks.

• Certain products or activities need to be restricted due to safety, ethical, or regulatory concerns.

Unless stated otherwise in the notice, changes will take effect immediately upon posting on the YukonCart platform.

By continuing to use the platform after the changes take effect, you accept the updated Terms and Conditions. If you do not agree, you must stop using the platform and terminate your account.

16.2 Changes to Fees

YukonCart may modify its fees (e.g., commission rates, subscription fees, or transaction fees) from time to time. If a fee change materially impacts you, YukonCart will provide at least 30 days’ advance notice through:

• Email notification to the address associated with your account.

• A notice in your vendor or customer dashboard.

• Other reasonable means of communication.

YukonCart will not be liable to you or any third party for any fee changes, suspension, or discontinuation of services.

16.3 Notification of Changes

• It is your responsibility to ensure that the email address associated with your account is current to receive important notifications regarding Terms and Conditions or fee changes.

• Notifications may also be provided through the platform’s administrative console or other means.

16.4 Your Rights

If you do not agree to the updated Terms and Conditions or fee changes, you may terminate your account by following the process outlined in Section 15 (Term and Termination).

By continuing to use the platform after changes take effect, you agree to the updated terms.

17. General Conditions

17.1 Entire Agreement

These Terms and Conditions, along with any documents incorporated by reference (e.g., Privacy Policy, Refund Policy, Shipping Policy), constitute the entire agreement between you and YukonCart. They govern your use of the platform and supersede all prior agreements, whether written or oral.

17.2 No Waiver

YukonCart’s failure to exercise or enforce any right or provision under these Terms does not constitute a waiver of that right. Any waiver must be explicit, in writing, and signed by YukonCart.

17.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, it will be modified to the extent necessary to make it valid while preserving its intent. The remaining provisions will continue in full force and effect.

17.4 Third-Party Rights

These Terms are intended to benefit only YukonCart and you (the user). Unless expressly stated, no third party(including vendors, customers, or affiliates) has any rights under these Terms.

17.5 Governing Law

These Terms and Conditions are governed by and interpreted in accordance with the laws of Yukon, Canada, and applicable federal laws of Canada. Any disputes will be resolved in accordance with Section 13 (Dispute Resolution).

17.6 Language

These Terms may be translated into other languages for convenience. However, in the event of any conflict or inconsistency, the English version will prevail. Disputes will be resolved in English, unless otherwise required by law.

17.7 Assignment

• YukonCart may assign or transfer its rights and obligations under these Terms without notice or your consent.

• You may not assign or transfer your rights or obligations without YukonCart’s prior written consent.

17.8 Survival

Certain provisions will survive termination of your account, including:

• Account Terms (Section 1)

• Payment of Fees (Section 4)

• Confidentiality (Section 7)

• Intellectual Property (Section 6)

• Limitation of Liability and Indemnification (Section 8)

• Privacy and Data Protection (Section 12)

• Term and Termination (Section 14)

• Modifications (Section 15)

• General Conditions (Section 16)

17.9 Termination Obligations

Upon termination of your account or these Terms:

• You remain responsible for completing any outstanding transactions (e.g., order fulfillment, refunds).

• Any unpaid fees must be settled in full.

• Your access to the platform will be revoked, and if you are a vendor, your storefront will be removed.

18. Contact Us

For any questions regarding these Terms, you may contact us:

📧 Email: [email protected]
📞 Phone: +1 867-336-6040