Terms and Conditions of Use for SpunCart.com
Adfuel Inc., and its subsidiaries (“SpunCart”) provide the materials contained at our site(s) on the World Wide Web (the “Site”) as a service to our customers and visitors. SpunCart requires that all visitors to the Site adhere to the following Terms and Conditions. By accessing the Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms and Conditions set forth below without limitation or qualification, you also confirm that you are 21 years of age and over and that it is legal in your state and region for you to view and access the content of this Site. SpunCart may revise these Terms and Conditions at any time by updating this posting without prior notice to you, which revisions will be binding upon all visitors to the Site. You should therefore visit this posting to review these Terms and Conditions from time to time as you visit the Site. For purposes of these Terms and Conditions references to SpunCart include its affiliates, directors and employees. No verbal or written statement from SpunCart employees and or its affiliates can supersede what’s written in these terms and conditions.
Laws and Regulations
User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited, as well as the access to this Site is prohibited if its content is prohibited in your State and violators can be prosecuted under federal and state laws. Florida law and Federal law will govern the interpretation and enforcement of these Terms and Conditions.
Copyright and Trademark Information
The information contained at the Site, including but not limited to text and images herein (other than certain images posted from third parties) and their arrangement, are copyright ©2018 by Adfuel Inc.,. All rights reserved. SpunCart and its logo are trademarks of Adfuel Inc.,. All other trademarks are property of SpunCart unless otherwise designated or clearly implied herein as belonging to third parties. Nothing contained at the Site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of SpunCart or of any third party.
You are authorized by SpunCart to copy, transmit or display any information registered or owned by SpunCart on any page of the Site solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page. The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without prior written consent from SpunCart. The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.
Each User may create a personalized account to access the Applications or Services in the Site, exchange information with Vendors or Suppliers, purchase local products and to receive messages and notifications from SpunCart. User accounts include a unique username, your email address, you phone number, and a password. You will also be required to upload your Driver License or a State Issued Government ID. If you are a business, we may also need your business license number and other verifying information as stipulated in your Vendor/Supplier Agreement.
You agree to provide true, accurate, current and complete data for your accounts and to maintain and update account data to keep it true, accurate, current, and complete. You further agree to notify us immediately of any unauthorized use of your password and/or account. You will be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account. We have the right to provide account data, content or use records, and other information in response to a subpoena, warrant, order or other legal request.
To be Eligible to create an account at SpunCart, you need to be at least 21 years old and a resident of a Eligible State to register for and use the services and to participate in the purchase of your local State Cannabis products. By using the Site and/or participating in the purchase of Cannabis, you represent and warrant that you are at least 21 years old, that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will comply with all applicable laws, regulations, rules and policies at all times. You further represent and warrant that you have not previously been suspended or removed from using the Site and that you may enter into this Agreement without violating any other agreement to which you are a party. You also warrant that it is legal in your State for you to indulge in the activities of this Site.
Payment Method. If you have a paid membership to any of our services, our third party e-commerce solution, will process your membership payment.
Taxes. You will be responsible for any taxes that apply to each transaction you complete via the Site in accordance to your State Sales Tax or any other Tax.
By entering your credit card information online or providing your credit card information to us: a. You are representing and warranting to us that you are an authorized user of the credit card and that the associated information entered (account holder name, account number, billing address, etc.) is accurate.
You authorize SpunCart and or its affiliates and vendors in this Site to charge the amount you have requested or have been invoiced or any amount due to SpunCart or its affiliates as an open or pending balance in your account, from time to time, to your credit card, as a recurring transaction weather for your membership or an order and or reorder of merchandise, acceosries, products sold on this Site whether by SpunCart or third party vendors in this Site.
Set forth in these terms and conditions will remain in effect until you notify SpunCart in writing that this authorization is revoked. If you store your credit card on our files, then you authorize SpunCart to charge the credit card from time to time the amount due for your membership.
You also authorize SpunCart to return to your credit card any funds due to you by SpunCart resulting from use of this service. You may contact us at the following email address with any questions: info@SpunCart.com.
For each transaction, in addition to the charge you have authorized, your credit card issuer and network may assess their customary transaction or handling charge, if any. If a charge is declined or reversed by the credit card issuer or network, you agree to pay us a service charge and to reimburse us for all reasonable costs of collection. Your credit card issuer may also assess its customary charge for such transactions.
Dishonored method of payment and Requests for Payments
If your credit card issuer or network does not honor an online payment transaction or a recurring transaction for services rendered, then we have the right to charge the amount of any such transaction to your account or to collect the amount from you.
If your credit card issuer or network does not honor an online payment transaction, we may suspend any or all pending delivery service until a proper method of payment is used to close all open and pending balances. If you submit a charge-back claim with your financial institution for a payment done online or either a one-time payment or an automatic payment charged to the credit card on file you provided to us, you may be subject and made fully responsible for payment restitution to SpunCart for the initial amount of the chargeback as well as any and all fees incurred by SpunCart in result to the charge-back claim. If your credit card on file does not process at the time of payment, for any reason by you financial institution; you may, and will be subject and made fully responsible for payment restitution to SpunCart for the initial amount of the transaction as well as any and all fees incurred by SpunCart in result to the rejection of the payment.
Confirmation of Payment
By clicking “Submit” you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to us.
If you set up automatic payments, then you are consenting for us to charge your credit card automatically for the membership fee. All transactions are final. Please see our Refund Policy.
About credit card security
Your credit card number is sent in encrypted form to our credit card processor. This means humans cannot read it. It also means that if someone is intercepting your internet traffic the card number is scrambled. No one is supposed to be able read it except our credit card processing company.
We use secure servers (SSL) and extra strong encryption called Tokenization under strict regulations of PCI compliance. On our site when you see the URL change from “http://” to “https:// “ all data transmission is encrypted so that other people snooping around the net cannot read the data. Thus using your credit card on our site is as secure as any other commercial transaction on the internet.
All transactions are final. Transactions made on SpunCart are final. Any and all refunds will be provided as account credit to be used toward the vendors on the Site. Any claim should be made to SpunCart via email at info@SpunCart.com within one (1) business days upon receipt of goods. SpunCart will present your case to the vendor for a resolution to be provided to you.
Vendors who list inventory on our platform have the choice to sale that inventory through our platform. We do not participate in a profit split or as a true party of interest in any transactions, which is why we must build an upfront service fee of 5%. We use the total potential transaction size to extrapolate an upfront service fee. This service fee is built into the price advertised to buyers. Vendors submit a Service Provider Agreement so when an order is placed and a transaction occurs via the SpunCart Marketplace the vendor is paid in accordance to the Service agreement.
In compliance with the Digital Millennium Copyright Act, SpunCart has designated an agent to receive notifications of alleged copyright infringement. If you believe that your work has been used in a way that constitutes copyright infringement, please send a notice, including all of the following information: (1) a description of the work allegedly infringed; (2) a description of the location of the allegedly infringing work, including the URL; (3) your name, address, telephone number, and email address; (4) a statement signed by you that you have a good faith belief that the disputed use is unauthorized under current law; and (5) a statement signed by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner with their authorization.
If you have a good faith belief that the material you posted was removed or disabled as a result of mistake or misidentification in a DMCA takedown notification, you may contest the takedown by submitting a DMCA counter notification. The counter notification must fully comply with the requirements of 17 U.S.C. 512(g)(3). If we receive a compliant counter notice, we will wait 10 days and then re-enable your content unless the copyright owner initiates a legal action against you before then or SpunCart determines, at its sole discretion, that the content at issue is not appropriate for inclusion.
Submission of DMCA Notifications and Counter-Notifications
DMCA Notifications and Counter-Notifications must be submitted to:
SpunCart reserves the right to terminate users of its services who are repeat infringers, as determined by SpunCart in its sole discretion.
Limitation of Liabilities and Warranties
INFORMATION ON THE SITE IS PROVIDED”AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The information contained at the Site may include technical inaccuracies or typographical errors. SpunCart from time to time amends, changes, adds, deletes, updates or alters the information contained at this Site, including information regarding the products and services described at the Site, without notice. SpunCart assumes no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site.
IN NO EVENT SHALL SpunCart BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).
Regardless of whether you have chosen to opt out of certain marketing offers from SpunCart, by using SpunCart Online you agree that we may market our services and the services of other companies on the Site through the use of banner ads,”hyper-links,” and other similar marketing devices. Products offered will be at the sole discretion of SpunCart, and may be provided by companies not affiliated with SpunCart. Nonaffiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. SpunCart does not legally endorse or guarantee products or services provided by non-affiliated companies and such products or services are neither insured or guaranteed.
Links to Other Internet Web Sites
Some of the Web sites listed as links herein are not under the control of SpunCart, but rather are exclusively controlled by third parties. Accordingly, SpunCart makes no representations whatsoever concerning such Web sites. Although SpunCart may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by SpunCart with respect to such Web site, its owners or its providers. SpunCart is providing these links only as a convenience to you. SpunCart has not tested any information, products or software found on such Web sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature, as well as the products you purchase from said vendors.
IN NO EVENT WILL SpunCart BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE ILNESSES OR BODILY DAMMAGES CAUSED BY THE CONSUPTION OF PRODUCTS PROVIDED BY THIRD PARTIES VIA SpunCart, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any comments or materials sent to SpunCart, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be the property of SpunCart. SpunCart’ use of the Feedback will be in compliance with the SpunCart Privacy Notice, which is set forth on the Site, and applicable laws. SpunCart shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, SpunCart shall be free to use any ideas, concepts, knowhow or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to SpunCart shall be treated confidentially to the extent required by applicable law or as disclosed in the application.
Violations of Terms and Conditions
SpunCart reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SpunCart FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.