EU Terms of Service
Users Based Outside the UK
If you are a User based in Europe but outside the UK, you agree to the applicable supplement terms that are included at the end of this Agreement, so please review them carefully.
Accepting the Terms
By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with EcoCart). If you are a “Member” you will need to confirm your acceptance to this Agreement prior to creating your account. The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to EcoCart. You may not use the Service and you may not accept this Agreement if you are not at least 18 years of age. If you do not agree to this Agreement, please don’t use the Service.
Privacy and your Personal Information
Description of the Service
As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain deals, exclusive offers, pricing information, product, and other information to help make informed purchase decisions at attractive prices. The Service also includes our EcoPoints and any other offerings described below.
The Service is provided to you by EcoCart as a free service. We work on your behalf with the aim of locating the best publicly available offers and negotiating exclusive offers that are better than any publicly available deal. We make money to sustain the service when you purchase or engage with these offers.
Purchases from Third-Party Merchants
All products you purchase from a third-party merchant linked from the EcoCart Website are: (a) priced by the applicable third-party merchant (including but not limited to whether such prices include any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by EcoCart. EcoCart is not a re-seller or distributor of any products of third-party merchants displayed within the Website, nor is it a party to any purchase agreements entered into between you and any third-party merchants.
You agree that your purchase from a third-party merchant is subject to the merchant’s own terms and conditions applicable to such purchase. You agree that EcoCart is in no way responsible or liable to you for any products you purchase from third-party merchants, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions.
If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific third-party merchant of that product to address such an inquiry. You agree that the third-party merchant (and not EcoCart) is responsible for its communications with you regarding your purchases, and that EcoCart is in no way liable to you for any emails or other notifications from the third-party merchant that you receive or fail to receive. If there is a dispute between participants on our Service, or between Users and any third-party (including a merchant from whom you purchase a product), you agree that EcoCart is under no obligation to become involved. In some cases, EcoCart may, at its sole discretion, communicate with the merchant directly to attempt to resolve issues with the purchase process.
While we attempt to be as accurate as we can in our descriptions for the products shown on the Website, we cannot promise that such product descriptions are accurate, complete, up to date or error-free. Some of the information regarding products provided on our Service comes from the relevant third-party merchant(s) – this information is the responsibility of the third-party merchant(s) and again we cannot promise that this information is accurate, complete, up-to-date or error-free. Please consult the product information on the third-party merchant’s website to confirm full product details.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use EcoCart. We do not promise that the EcoCart extension or Website can be accessed and used on any particular mobile device or with any particular service plan. We do not promise that EcoCart will be available in, or that orders for products can be placed from, any particular geographic location.
Account Information from Third-Party Sites
EcoCart cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or inability to access data or other service interruptions. Please ensure that you back-up any communications, information and content which you may require to continue to access in such situations.
EcoCart Offers and Third-Party Links
In connection with EcoCart Offers, the Service will provide links to other websites belonging to EcoCart advertisers and other third parties. EcoCart does not endorse or guarantee the products or services available through the sponsored advertiser link, EcoCart Offer or Affiliate Link (or any other third-party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. EcoCart is not an agent, distributor, re-seller or broker for such third-parties or the activities or policies of those websites or the products or services available on them. EcoCart does not promise that the product details, prices, or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, terms or lowest rates available in the market.
Where you carry out certain activities via our Service, (including clicking on certain EcoCart Offers) you will earn rewards points that we call “EcoPoints”. EcoPoints are awarded where you complete a certain action using the Service, most commonly by completing a transaction on a specific third-party merchant’s website. Where EcoPoints are applicable to a particular action, this will be indicated on the Service. Once you accumulate enough EcoPoints, you can log in and redeem it for a gift card on the EcoCart Website. Selection of merchant gift cards may vary based program availability. Use of a third-party merchant gift card at a selected merchant will be subject to the merchant’s own terms of service. In the event that gift cards allow for charitable contributions, EcoCart shall not be responsible for providing a certificate of accreditation.
We can afford to give you EcoPoints because these offers are designed to share with you a portion of an affiliate commission paid by a third-party merchant to us. As such we can only provide EcoPoints to you when an action is successfully completed and tracked and after we are paid the relevant commission by the third-party merchant. If we are ultimately unable to recover payment from the relevant third-party merchant, then EcoCart shall have no obligation to provide any EcoPoints to you for the action performed by you. This includes instances where there are difficulties in tracking a transaction due to your use of an ad blocker or interaction with another affiliate program. To ensure you are eligible for EcoPoints in relation to a transaction, we may require you to provide copies of your order confirmation, order number, or other proof of purchase. Additionally, you must be a Member in order to participate in the EcoPoints program.
If you have any trouble using EcoPoints then please contact us at firstname.lastname@example.org we will try to figure out what went wrong.
Basically, we’re going to try to be good people and we hope you choose to do the same. This only works if everyone plays fairly.
EcoPoints are not transferrable (i.e. it is personal to each User) and can expire as further explained below.
Carbon Offset Purchases
EcoCart is obligated to purchase carbon credits for all successful transactions using EcoCart, but we reserve the right to purchase credits at a date later than or prior to the date of the commission collection. EcoCart reserves the right to purchase carbon offsets from a different project than advertised. A reason for this could be if the specific project solicited is fully subscribed and funded at the time of carbon offset purchase, but the EcoCart extension and website does not reflect that. Shipping and production emissions are strictly estimates based on publicly available research and information. Items without available research are calculated based on EcoCart’s best estimate of the item’s materials and weight. All emissions calculations are subject to change at any time for any reason at the discretion of the EcoCart team.
Referral and Other Rewards Programs
Periodically EcoCart may make you offers to receive EcoPoints for taking actions to promote the Service (collectively “Rewards Programs”). We may institute a limit on how many times you can receive each type of reward. These limits will vary from program to program and will be communicated to you. If you have questions about how many times you can participate in each Rewards Program please contact us. EcoCart reserves the right to withhold or retract EcoPoints if it was accumulated through deceptive, artificial, or illegal means designed to cheat or game the program. (For instance, if you try to accumulate EcoPoints through use of a bot network, purchased email lists for unconsented referrals, or by engaging in repeated purchase-return behavior.) Unless doing so would put us at risk, in such cases, EcoCart will notify you.
EcoCart reserves the right at any time to cancel, modify, or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers, expiration terms, etc. EcoCart reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program, if it determines that you have done so in violation of this Agreement.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”
If you become aware of any unauthorised use of your Registration Information, you agree to notify EcoCart immediately.
Your Use of the Service
Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, EcoCart hereby grants to you, a right to: (i) use the software and content provided to you as part of the Services for personal, non-commercial purposes; (ii) download a single copy of our software for such use; (iii) make a further copy of the software as necessary for back-up purposes only; and (iv) print a copy of information provided in the Service for your personal, non-commercial use.
Accurate records enable EcoCart to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by EcoCart. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including EcoCart);
- Violates any law or regulation or this Agreement;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Involves the sharing of any information which is false, inaccurate or misleading;
- Jeopardises the security of your EcoCart account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other User;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Involves decompiling, reverse engineering, or otherwise attempting to obtain the underlying source code for the purpose of creating a service to compete with the Services; or
- Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
If you infringe the rules above, we may immediately suspend or terminate your right to use or access the Services.
Automatic notifications may be sent to you following certain changes made online to your EcoCart account, such as a change in your Registration Information.
Voluntary account notifications relating to the operation of the Service may be turned on by default as part of the Service. They may then be customised, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. EcoCart may add new notifications from time to time, or cease to provide certain notifications at any time, subject always to the provision above (i.e. you will still be able to customise, activate and deactivate etc. these notifications). Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.
Because notifications are not encrypted, we will never include your passcode. However, notifications may include your EcoCart login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.
Rights you Grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to EcoCart through the Service, then (except for User Content, to which the specific rules below apply) you are giving EcoCart permission to use that content solely for the purpose of providing the Service. EcoCart may use and store the content, but only to provide the Service to you. By submitting this content to EcoCart, you represent that you are entitled to submit it to EcoCart for use for this purpose, without any obligation by EcoCart to pay any fees or other limitations.
EcoCart’s Intellectual Property Rights
The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to EcoCart or its software or content suppliers. EcoCart grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at email@example.com.
Access and Interference
You agree that you will not do stuff to make it harder for other Users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.
Rules for Posting Content
As part of the Service, EcoCart may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules:
- You are responsible for all User Content you submit to the Service.
- By submitting User Content to us, you agree that you have all necessary rights in the User Content to allow us to use it (including to distribute, copy, modify or display it) in connection with the Service (and related products and services), including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also grant each other User the right to use (including to distribute, copy, modify or display) your User Content as permitted through the functionality of the Service and under this Agreement.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Limitations on EcoCart’s Liability
The Service is provided on an “as is” basis. EcoCart specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.
We are not responsible for loss or damage resulting from your use of the Service that is not ‘foreseeable’. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to this Agreement, both you and we are aware that it might occur.
The Service is provided for personal, non-commercial use only. We have no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Service.
You are solely responsible for ensuring the accuracy of any User Content that you provide (and for the consequences, should such user Content not be accurate).
We don’t exclude or restrict (including in the provisions below) our liability in any way that would be unlawful, including our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
Ending your Relationship with EcoCart (and vice versa)
This Agreement will continue to apply until terminated by either you or EcoCart as set out below.
If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall EcoCart and stop visiting our Website and using other Services.
Email firstname.lastname@example.org to cancel your account. Upon doing so:
- your account will be closed, your EcoPoints account will be zeroed out, and your ability to log in deactivated (so be sure to redeem any EcoPoints you accumulated beforehand); and
EcoCart may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information. Unless the reason for EcoCart doing this is that you have breached this Agreement in a serious way, in these circumstances, we will let you redeem your remaining EcoPoints.
Modifications and Novation
EcoCart may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website, and will be effective at the time of posting, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide a notice to you of at least 30 days in email (or by way of other reasonable means). In addition, the Agreement will always indicate the date it was last revised. You further understand and agree that a different entity of the PayPal Group may provide the EcoCart service in the future to you and will become your contractual partner for these Terms. Again, in this event, we will provide you with reasonable notice of the change.
By continuing to use our services after any changes to this Agreement take effect, you agree to be bound by those changes. If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above).
Governing Law and Forum for Disputes
This Agreement, and your relationship with EcoCart under this Agreement, shall be governed by the laws of England and Wales. However, if you are based outside England and Wales, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.
In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts. Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution, accessible [here].
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect (and the specific provision deemed invalid or unenforceable will be enforceable as far as permitted).
You agree that if you breach this Agreement and EcoCart does not immediately exercise or enforce any legal right or remedy which it has (including e.g. to terminate this Agreement), this will not prevent EcoCart from doing so at a later date.
EcoCart welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at email@example.com or writing us at 963 E. 4th Street, Los Angeles, CA 90013.
European Users Based outside the UK
If you are a User based in Europe but outside the UK, some differences to the terms of this Agreement will apply. These will depend on the country in which you are based and are set out below. Please review these carefully, as they form part of the Agreement.
The section entitled “Limitations on EcoCart’s Liability” above does not limit or exclude EcoCart’s liability for gross negligence in respect of users based in Germany.
Despite the section ‘Governing Law and Forum for Disputes’ above, if you are a user based in Italy then any dispute between you and EcoCart regarding this Agreement will only be dealt with by the courts of the place in which you are domiciled or resident.
You may also apply for an out-of-court mechanism to solve any dispute relating to this Agreement (in accordance with Sections 141 – 141 decies of the Italian Consumers’ Code, 6 September 2005 no. 206). By way of example, you may utilise or consult the European Online Dispute Resolution platform referred to above.